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(영문) 서울서부지방법원 2016.10.13 2016가합31282
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is operating a two-way farm under the trade name called "C" in Chungcheong-gun B.

Around January 7, 2014, the Defendant entered into an entrustment contract with D Farming Association (hereinafter referred to as D) on the following matters, and raised 1,800 Dus entrusted by D around that time:

A contract for entrusted breeding between the representative E (hereinafter referred to as "A") of the consignment breeding contract and the defendant C (hereinafter referred to as "B") shall be concluded as follows:

The purpose of Article 1 (Entrusted Breeding) is to perform the contractual obligations in good faith to facilitate the entrusted projects between "A" and "B" of Article 2 (Purpose) of the total number of entrusted raising livestock.

Article 4 (Ownership) In the event of a violation, the term "non-Raising money and feed" as the ownership of "A" cannot be transferred, disposed or established for any reason, and civil or criminal liability shall be imposed in the event of the violation.

Article 5(B)(A) provides "A" with security equivalent to 150,000 won per two documents.

"B" must submit an insurance policy (Duplicate) to "A" after taking out fire insurance for a building in a livestock breeding place.

In addition, "A" should take out an insurance policy for livestock.

Article 12 (Settlement of Entrusted Raising Fees): Attached Form 1 A shall settle the entrusted breeding fees to "B" as shown in Attached Form 1 and pay them within 15 days after the completion of shipment.

[Attachment 1] Settlement of Entrustment Breeding Fees

(a) The number of shipment of basic fees ¡¿ 3,000/2; and

B. 1) On April 16, 2015, the Plaintiff entered into an insurance contract for livestock disaster insurance with D with the insurance coverage amounting to KRW 761,30,000 (hereinafter “instant insurance contract”) between April 16, 201 and D, April 19, 2015, the insurance coverage amounting to KRW 761,30,000 (hereinafter “instant insurance contract”).

(2) 1) The main sentence of Article 15(1) of the General Terms and Conditions of the Insurance Contract of this case shall be the insurance money paid by the Company when the Company has paid the insurance money (including the case of spot payment).

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