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(영문) 전주지방법원 2020.01.17 2018나8432
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the judgment of the court of first instance, which is the evidence additionally submitted by the court, is insufficient to recognize that the alteration had occurred in the course cultivated by the plaintiffs, and the following "2. additional determination" is added to the allegations added by the defendant in this court.

In addition, the evidence submitted by the defendant alone is insufficient to recognize that the alteration has occurred to the extent that the plaintiffs waive their shipment to the cultivated ship, and considering the fact finding and determination by the court of first instance are justifiable in view of the fact finding and determination by the court of first instance, in view of the fact that it is difficult to deem that the plaintiffs agreed to fully assume their responsibility even in the circumstances where the causes for the alteration have not been revealed solely by the statement that "the contract of this case

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance.

2. The Defendant asserts that since each of the instant contracts does not include the contents of Article 12(1) of the standardized terms and conditions for sale and purchase of agricultural products as to penalty for breach of contract, the total purchase price under each of the instant contracts cannot be calculated as penalty for breach of contract, and that the amount of damages to be paid by the Defendant should be limited to the Plaintiffs’

According to the above evidence, the title of each contract of this case is indicated as the "standard contract for the sale before the distribution of agricultural products", and at the bottom of each contract of this case, the term "any false indication is made by using a contract different from this standard contract pursuant to Article 90 (1) 2 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products," or "the buyer using the labels "the Ministry for Food, Agriculture, Forestry and Fisheries and the Ministry for Food, Agriculture, Forestry and Fisheries impose an administrative fine not exceeding 10 million won." Thus, each contract of this case is referred to as the "standard contract for the sale before the distribution of agricultural products".

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