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(영문) 수원지방법원 2017.11.14 2016가단530464
손해배상(기)
Text

1. The Defendant: (a) KRW 21,16,487, and the Plaintiff’s 6% per annum from August 1, 2015 to November 14, 2017; and (b).

Reasons

1. Basic facts

A. On June 20, 2014, the Defendant was awarded a successful bid for corporeal movables (Swin, etc.) through Nonparty C in the support of the Jeonju District Court (Seoul District Court) regularly.

The Defendant, as a merchant operating the meat processing company, was in need of sexual pigs used for meat processing, and was awarded a wrong bid for pigs, not sexual pigs, at the above auction.

B. The Defendant decided to purchase pigs awarded the bid under the following conditions:

(hereinafter referred to as "the instant contract"): (The amount of pigs awarded as a successful bidder): 370,000,000 won in swine; 5,000,000 won in total:

1. 375,000,000원 중 170,000,000원은 계약 당일 지급하고, 200,000,000원은 주당 50두씩 지급률 육가공업체와 양돈농가가 출하계약을 맺을 때 돼지 생(生)체중에 대비해 지육(脂肉, 돼지를 도축하여 이동을 위하여 껍질을 벗기고 머리, 꼬리, 발을 절단 후 내장을 꺼낸 뼈가 붙은 고기 덩어리)중량을 어느 정도 수준으로 할 것인지 정하는

(i) settled the nationwide average of 69 per cent (on the weekly average of 30 per cent) shipments;

In the end, it is judged that the price of pigs, which is to be paid in lieu of the balance, has been agreed to be calculated [the growth weight of pigs x weekly average market price x payment rate (0.69)].

2. Feed shall be accepted as it is and the subsequent cost shall be borne by the buyer.

The above contract shall be concluded by the seller, and if the seller breaches the contract, two times the contract amount, and if the buyer terminates the contract, the down payment shall be waived.

Seller: A and buyer: A

C. Based on the instant sales contract, the Plaintiff supplied 2,690 heads of pigs over a total of 63 occasions from July 3, 2014 to July 31, 2015.

On November 20, 2014, the Plaintiff and the Defendant drafted a statement of accounts with the following contents:

(hereinafter referred to as “instant settlement”). E BF D [based for recognition] without dispute, entry in Gap evidence 1 to 4, Eul evidence 1 (including serial numbers), and the purport of the whole pleadings.

2. The summary of the parties’ arguments.

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