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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff entered into an agricultural product supply contract is an incorporated farming association with the purpose of producing and selling agricultural products and conducting a construction business. The Defendant is a corporation that engages in agricultural products wholesale business at the former Agricultural and Fishery Products Wholesale Market. The supply period under this contract under Article 2 (Period of Supply) is from July 1, 2014 to June 30, 2015, and may be extended for one year by mutual agreement between the buyer and the supplier at the end of one month prior to the expiration of the contract. Article 3 (Determination of Price of Goods) ① The buyer and the supplier shall determine the price of the goods as follows: Provided, That where the “date of the determination of the price” is the date of the determination of the price of the goods, the preceding day shall be the “date of the determination of the average market price” on the basis of the date of the determination of the price of the goods: 10:100 to 105% special: 120% special from the last day of the price determination period; where the supplier directly purchases and supplies the goods to be paid by the purchaser:
1. The buyer shall accept the goods from the supplier and pay the price for the goods supplied by the end of the relevant year for which acceptance has been completed by the end of the relevant week after completing the inspection of goods pursuant to Article 6 in cash at the price determined under Article 3;
2.The contract shall be subject to the condition that the supplier uses the facilities designated by the buyer (the location of Gyeonggi-do C in South-do) and that the working personnel shall be self-managed by the supplier.
On July 1, 2014, the Plaintiff supplied the Defendant with agricultural products produced and handled by the Plaintiff and the Defendant, and the Defendant entered into an agricultural product supply contract (hereinafter referred to as “instant supply contract”).
The main contents of the instant supply contract are as follows.