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(영문) 대전지방법원논산지원 2014.12.04 2013가단10966
정산금 청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 74,130,365 won and 6% per annum from April 1, 2011 to April 24, 2014.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1, evidence 2, evidence 2-3, evidence 4, 5, evidence 6-1, 2, 7 and 8, evidence 1 and 3, evidence 1 and 3 in witness Eul's testimony.

The plaintiff is a stock company with the purpose of distributing livestock products.

B. On March 24, 2010, the Plaintiff concluded a contract on the supply of eggs to Defendant A and the Plaintiff with the content that the Defendant A would raise until he/she becomes an implied chickens and supply eggs to the Plaintiff (hereinafter “instant contract”).

Defendant B and C jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff under the instant contract.

The main contents of the instant contract are as follows.

제2조 (육용종계 입추수수 및 입추일) 본 계약에 의한 “갑”(원고를 말한다)이 “을”(피고 A를 말한다)에게 공급할 육용종계의 품종은 ( 로스 )로 하며 입추수수는 암탉 ( 27,000 )수와 수탉 ( 4,050 )수를 2010 년 04 월 03 일에 입추하기로 한다.

Article 6 (Unit Price for Pre-Lifetive Report)

1. The unit price for the first life in the end shall be supplied to “B” at the unit price supplied to “A”, and the supplied amount shall be offset against the amount of the disturbance.

Article 7 (Standards for Supply of Feed)

1. “B” shall only use the feed supplied by “A”.

3.The amount of all feed supplied by “A” to the farm of “B” shall be offset against the amount of the blank space that “A” shall pay to “B”.

Article 11 (Payment of Expenses for Disturbing Public Waters)

1. The unit price for purchase of eggs shall be 266.6 won/per 266;

The unit cost of feed: 400 won/km.

3. Consideration for laying eggs = [The number of eggs for the current month x unit price for purchase of eggs) - Advance payment deduction - Amount of gold feed supplied for the current month - Payment for living advance payment and the amount of eggs for the current month] Article 13 (Payment of Price for Making Making Considerations for Life Advance and Balance).

2. During the period of fostering;

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