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(영문) 대전지방법원 2017.05.10 2015가합107391
기타(금전)
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 Plaintiff operated a personal business entity called “C”, and the Defendant is a corporation that manufactures, sells, and exports and imports feed, raw materials, animal drugs, and feed additives.

B. The D Group established the Defendant on January 26, 2012, when taking over the business in the feed sector from E Co., Ltd. (hereinafter “E”).

On March 23, 2012, the Defendant changed its trade name to F Co., Ltd., and changed it to F Co., Ltd. on January 2, 2013.

C. The Plaintiff entered into a contract with E prior to the above transfer of business, and entered into the contract with E, and was in charge of contracting raw materials and products at a factory located in Seo-gu, Seo-gu, Seocheon-gu (hereinafter “Yanananangu factory”).

On November 201, 201, the upper contractual unit price between the plaintiff and the corporation E was 2,950 metric tons (However, the upper limit of the total amount was 57,280,000 won and the lower limit was 47,200,000 won). In addition, it means the position that oversees one business division of BU enterprises.

As a matter of approval, 2,200,000 won per month under the name of new walls, and 2,000,000 won per month under the name of night commercial vehicles.

On June 30, 2012, the Plaintiff agreed with the Defendant (one year of the contract term) as follows.

Article 3 (Contract Amount) Section 3 (Contract Amount) Cost for the Gu

1. Application to 3,100 won/metric tons by 23,00 tons/months of products (land, C/B, BULK) production;

2. 1,00 won/ton of production output of not less than 23,00 tons/months (23,00 tons/months x 3,100 won) (excess portion x 1,00 won).

3. When he produces less than 49,600 won in a line of less than 49,600 tons per month.

4. 90,000 won/person for special works, such as special holidays.

5. Linking with oil: Standard unit price (monthly) 1,161 won (average price in September through October 2007). The unit price and the quantity contract cost of a tax invoice shall be the value-added tax separately as follows:

F. On July 1, 2013, the Plaintiff changed the contract amount from 3,100 to 3,220 won/metric tons to 3,100 won (one year of contract term) with the Defendant (one year of contract term). On July 1, 2014, the Plaintiff lowers the contract amount on July 1, 2014.

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