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1. Of the judgment of the court of first instance, the payment to the defendant in excess of the amount ordered to be paid below to the plaintiff A.
Reasons
Basic Facts
Plaintiff
A is a company that operates a D farm in Seosan-si C, and Plaintiff B operates a F farm in Jin-si E, raises a scambling, and Defendant (hereinafter “Defendant Company”) is a company that distributes livestock products.
The defendant company entered into a contract with the operator of the G company G on the behalf of the operator of the G company, and entered into a contract for breeding breeding, etc. between H and the farm introduced by H.
Plaintiff
A entered into an entrustment contract with the Defendant on April 201, which raises 28,750 water from the first generation to the second generation. From April 29, 2011 to September 2011, it was difficult for the Defendant to receive KRW 324,436,82 in total as advance payment for the growth of the first generation from the Defendant and to concentrate on the first generation.
원고들은 2011. 8.경 위와 같이 원고 A이 중추로 키워낸 닭 중 암탉 12,000수, 수탉 1,800수는 원고 A이, 암탉 13,000수와 수탉 1,950수는 원고 B가 각 인수하고 위 중추에 관하여 피고 회사와의 사이에 육용종계사육, 종란납품계약(이하 ‘이 사건 계약’이라 한다)을 체결하였다.
According to the main contents of the contract of this case, the defendant company supplied the plaintiffs with feed, drugs, etc. necessary for the breeding of straws, and the plaintiffs developed eggs by fostering the straws taken over from the defendant company until the end of the straws. The defendant company purchased the eggs produced by the plaintiffs at a certain price, and settle accounts by deducting various expenses, such as drillings and feed prices, paid by the defendant company from the purchase price of straws.
Article 1(Purpose)The purpose of this Agreement is to pursue mutual benefits and contribute to the development of the land calculation business by providing the eggs produced by “B (Plaintiffs, hereinafter omitted)” by raising and producing the PS (PS) supplied by “A (Defendant Company, hereinafter omitted)” to “A” and contributing to the development of the land calculation business.
Article 7 (Standards for Feed Supply)
1. “B” must only use feed supplied by “A”.
2. The orders for feed shall be made three days prior to its arrival;