beta
Text
1. The Defendant’s KRW 30,000,000 and its amount annually from March 3, 2014 to May 1, 2015 to the Plaintiff.
Reasons
1. Basic facts
가. 원고는 2012. 12. 24. 농업회사법인 주식회사 C(이하 ‘C’이라 한다)과 사이에, 계약금액으로 1구좌당 600만 원씩 총 5구좌 합계 3,000만 원을 지급하여 계약기간인 2012. 12. 24.부터 2014. 2. 23.까지 양돈사육을 위탁하고, 계약기간 만료일인 2014. 2. 23. 1구좌당 성돈(成豚) 20두씩을 받기로 하는 양돈 사육계약(이하 ‘이 사건 사육계약’이라 한다)을 체결하고, 2012. 12. 26. C에 위 계약에 따라 3,000만 원을 지급하였다.
B. On December 24, 2012, on the date of the conclusion of the instant breeding contract, the Plaintiff entered into a gift sales contract with the Defendant (hereinafter “instant gift sales contract”) to pay KRW 381,00,000 to the Defendant for KRW 381,00,000,000 for each of the instant breeding contract, on a total of KRW 381,000,000,000 for each of the instant breeding contract. The Plaintiff paid KRW 8,100,000 in two equal installmentss, and the remaining KRW 3,00,000 was paid within seven days after the expiration of the contract period (hereinafter “instant gift sales contract”).
The main contents of the instant futures trading contract are as follows.
Article 1 (Purpose) The purpose of this Agreement is to determine all matters concerning the purchase of the Plaintiff’s sexual money by the Defendant for the mutual interest of the Plaintiff and the Defendant.
Article 4 (Criteria for Payment) (2) The defendant purchases 381,000 won per gender payment for the plaintiff's sexual money.
(4) Any balance of futures trading shall be paid after settling accounts within seven days after the termination of the contract, excluding advance payment, taxes, public charges and other expenses.
Article 6 (Right of Breeding Management) From the following day of this Agreement, all the management of the subject matter of this Agreement, such as the right of raising, management, and disposal pursuant to the raising of fish contract, shall be the defendant.
Article 8 (Period of Contract) (1) The term of this contract shall be 14 months from the date of the contract.
C. On December 2013, 2013, part of the Plaintiff’s KRW 8.1 million, which was agreed to receive installment payments from the Defendant on 12 occasions pursuant to the instant futures sales contract.