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(영문) 광주지방법원 2015.01.20 2014가단22586
납품대금
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 and the Defendant respectively are the business of purchasing composts from livestock farmers and supplying them to compost plants.

B. At the Defendant’s request from July 10, 2013 to August 4, 2013, the Plaintiff supplied retirement materials (24 tons truck 23, 5 tons truck 7 units, 30 units) collected from the composts, etc. of livestock farmers, such as M, N, H,O, P, and Q, to a compost plant, including M, N, H, P, and Q, which are customers.

[Reasons for Recognition] Facts without a partial dispute, entry of Eul evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff 1) The Plaintiff and the Defendant agreed to operate a sales business with the ratio of investment and profit and loss to 1/2 each, respectively (i.e., vehicle maintenance expenses and transportation expenses, etc.) and agreed to operate a sales business (i., vehicle maintenance expenses, drivers’ expenses, etc.) (i.e., transportation expenses), between July 10, 2013 and August 10, 2013, the livestock farmers collected raw materials from the livestock farmers to supply them to the compost plant, and the price of supply was 42,690,000 won in total (33,760,930,000 won in total). The Defendant terminated the said sales business contract on August 11, 2013 due to the Defendant’s sales revenue from the retirement.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,345,00, which is equivalent to the Plaintiff’s investment ratio and profit and loss ratio (=42,690,000 x 1/2) and KRW 1,485,000, which is the Plaintiff’s transaction partner, paid from the Defendant at KRW 22,830,00, which is the sum of KRW 22,830,00,000, which is the purchase amount of KRW 5,914,616 (= KRW 5,20,000, which is the amount paid to the Defendant’s transaction amount of KRW 714,616).

B. Even if the above partnership contract is not recognized, between July 10, 2013 and August 10, 2013, the Plaintiff collected raw materials from livestock farmers for the Defendant and supplied them to the compost plant, and the transportation cost is 23.4 million won in total.

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