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(영문) 전주지방법원정읍지원 2016.06.22 2016가합2173
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 52,132,00 to the Plaintiff (Counterclaim Defendant) for KRW 52,132,00 and for this, from July 31, 2015 to June 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 14, 2014, the Plaintiff and the Defendant concluded a contract with the following content (hereinafter “instant contract”) that the Plaintiff supplied the seeds of rice return (hereinafter “Return”) from the Defendant and cultivated them into a organic farmer, and the Defendant would purchase ear harvested from the Plaintiff.

1. The defendant supplied your interest to the plaintiff 40 km per 900 square meters, and had the plaintiff pay the seed price (160,000 won per 40 km) to the defendant.

This payment is an advance payment to be provided by the defendant to the plaintiff.

Total 1,822km (14ha, 42,000 square)

2. In principle, the Plaintiff cultivated ear with the seeds supplied to the Defendant, cultivated them based on the designated cultivation power, and purchased them within one month after submitting the certificate and remaining agricultural chemicals at the place designated by the Defendant, and the purchase amount at 11% shall be based on 11% and shall be purchased in ton.

Provided, That where the defendant is unable to purchase within one month, the plaintiff may make a voluntary disposition.

3. The purchase price shall be determined by 4,000 won per sculpture; and

4. The Plaintiff should ensure that seeds and products are not leaked.

5. For the certification of eco-friendly organic agricultural products, the Plaintiff must cultivate agricultural products under the standard farming method of the certification body, and cultivate them in accordance with the standard farming method as required by the Defendant and the certification body.

6. The plaintiff shall record the whole process of cultivating environment-friendly agricultural products through the farming log and shall comply with the request of the defendant and the certification body to submit a farming log.

7. If the obligation necessary for certification of abandonment has not been observed by the Plaintiff or has hindered in obtaining certification of eco-friendly abandonment, the contract shall be deemed to be reversed, and the Plaintiff shall compensate the Defendant for the damage.

At this time, all obligations of the defendant, including purchasing, shall be extinguished.

9. Sale at will, with the cultivation of the native seeds supplied by the Defendant, of the harvested seeds.

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