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(영문) 광주지방법원 2018.10.11 2017가단525284
부당이득금
Text

1. The Defendant: 146,892,880 won to the Plaintiff and 5% per annum from October 14, 2017 to October 11, 2018; and

Reasons

1. Basic facts

A. On December 29, 2010, the conclusion of a grain supply contract (1) concluded a transaction agreement with the Defendant to be supplied with rice as follows (hereinafter “instant transaction agreement”).

In principle, Article 1 (Principles) of the Agreement on Trade in Agricultural Products shall apply to the net distribution of the contract and the transactions of the defendant's agricultural products.

Article 2 (Name of Goods), Articles 3 (Multiple Quantities), 4 (Quantities), and 5 (Units) (Units), the quantity of the annual total quantity of the items as shown in the table below (f.s.), the sale proceeds (f.s.), the sale proceeds (f.s.) of the items as shown in the table below, 2010 40km 75,640 640,6417, 569, 941, 880 (f.s. 6): The foregoing rice purchased and kept in the defendant's warehouse shall be deemed to have been decent as it is contracted, and any objection shall not be raised for any other reason, such as dignity after the conclusion of the contract.

Article 7 (Adjustment of Payments): Sheet distribution shall be delivered to the defendant.

Only the amount to be deposited on the day and the statement shall be deposited in the account designated by the defendant, and the down payment shall be settled from the last amount.

(2) On March 29, 2011, the instant sales contract was concluded between the Plaintiff and the Plaintiff to be supplied with general grain and glutinous rice grain (hereinafter “instant sales contract”) with the content that the Plaintiff would be supplied with general grain and glutinous rice as follows.

Article 1 (Contract) of the Contract for the Sale of Rice in 2010 and the contract price for the sale of the items and the contract price for the goods in general, Article 2 (Place of Delivery) of the Contract for the Sale of Rice in 2010, the amount of the contractual unit price for the items in general (f) shall be 52,500 525,000 general rice in 2010,500 525,000 10,000 76,340,000 763,40,000 20,000 1,288,40,000 1,288,400,000 : The plaintiff shall deliver the general rice and wald rice as referred to in Article 1 to the distribution in the order of delivery to the vehicle.

Article 3 (Sale): The plaintiff shall be rice and rice in general in accordance with the result of a stove to the net distribution.

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