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Reasons
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(영문) 대구지방법원 안동지원 2021.03.23 2020가단20067
기타(금전)
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1. Defendant B shall pay 20,000,000 won to the Plaintiff and 12% per annum from February 16, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 28, 2017, the Plaintiff and Defendant B entered into a contract for domestic chickens breeding (hereinafter “instant breeding contract”) with the effect that Defendant B supplied Catia and feed, and the Plaintiff raised the said Catia at his own fraternity, and Defendant B shipped Catia, and then paid the Plaintiff the breeding fee.

B. According to the instant breeding contract, Defendant B entered the Plaintiff’s company’s company’s company’s company as the sum of 54,900 Syeast on March 6, 2018, 13,200 on March 9, 2018, and 5,700 on March 12, 2018.

(c)

In that sense, around April 2018, Defendant B’s feed supply was suspended due to Defendant B’s failure to pay feed, and upon Defendant C’s solicitation, the Plaintiff paid KRW 5 million to Defendant B on April 5, 2018 and KRW 15 million on April 6, 2018.

(d)

After that, part of the amount of the feed for Sickia was borne by D, which is the place of the Defendants, and upon the Defendant C’s request from D, the Plaintiff sent 45,223 of the earth and sand to E from May 28, 2018 to July 3, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including various numbers; hereinafter the same shall apply), defendant C's personal examination result, the purport of the whole pleadings

2. The Plaintiff, at the request of Defendant D or Defendant C, shipped earth and chickens at the request of Defendant C or Defendant C, and at the time, Defendant C was responsible for the cost of raising the livestock, and Defendant C jointly assumed the Defendant B’s obligation to pay the cost of raising the livestock. As such, the Defendants jointly and severally are liable to pay KRW 49.5 million to the Plaintiff.

The argument is asserted.

However, the statements in the evidence Nos. 3, 5, and 6 and the result of Defendant C’s personal examination that only delegated Defendant B or Defendant C with the shipment of earth and sand, or allowed the shipment of earth and chickens.

The recognition is insufficient, and there is no other evidence to prove it.

In addition, Defendant C receives instructions from D and receives orders from the Plaintiff.

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