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(영문) 광주지방법원 2013.09.26 2012가합52863
정기예탁금반환
Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from October 4, 2012 to September 26, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 201, the Defendant entered into an agreement on rice farming and shipping with a rice farming association (hereinafter “fish farming association”) for rice farming and shipment (hereinafter “instant agreement”). The main contents are as follows.

Article 2 (Term of Contract) The term of validity of this Agreement shall be from the date of the contract to the date of the shipment of agricultural products produced under this Agreement.

except that the shipment of agricultural products under this contract shall be prior to December 31, 201, but may be extended where the parties have agreed to do so.

Article 3 (Quantity of Variety and Release Arrangements)

(a) The quantities to be agreed upon by “Defendants” and “B” shall be all rice plants in 2011 that are rice plants in the report of 201, and the name of the plant shall be written in the package of shipment;

(b) the quantity of the contractual cultivation shipment arrangements between “A” and “B” is 50,000 Madro (Ma/40 g) in bulk in 2011.

However, 20,000 Gam(Ma/40 kg) out of the shipment quantity is rice produced through an agrochemical certification.

(e) “A” means B;

A list of contract production farmers for the quantity of the subsection shall be prepared and notified to "B", and after the notification, "A" shall not arbitrarily change the quantity allocated or ship it to any third party other than the contract production farmer.

However, it may be increased or decreased for the quantity within 10% for each contract producer.

(f) “A” shall not be deemed to be a breach of contract where the shipment cannot be made due to a natural disaster or other force majeure in the production of the contract quantity;

Article 5 (Purchase Price) The contract price of rice to be shipped “A” to “B” under this Agreement shall be KRW 52,000.

§ 3(b), except that

The contract price of rice in an inspection for certification of agrochemicals as provided for in the proviso to paragraph (1) shall be 59,000 won.

Article 7 (General Shipping)

(b) Drilled rice produced “A” shall be shipped to the upper end of the designated place of “A” in the shipment schedule in which “B” is separately notified;

The term "B" shall be the upper limit of the paragraph (a).

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