Text
1. The defendant,
A. The Plaintiff A’s KRW 41,123,200 as well as 5% per annum from August 1, 2012 to December 16, 2013.
Reasons
1. Facts of recognition;
A. Plaintiff A is a company that operates a D farm in Seosan City, and Plaintiff B operates a F farm in Sinjin-si, and raises a spawn e, and Defendant (hereinafter “Defendant Company”) is a company that engages in livestock products distribution and sales business.
The defendant company entered into a contract with the G company for the vicarious management of the land-based fraternity, and entered into a contract for the breeding breeding with the farm introduced by the non-party H, an employee of the G company.
B. On April 201, Plaintiff A entered into an entrustment contract with Defendant Company to raise 28,750 water from the first generation, and it was difficult for Defendant A to receive total of KRW 324,436,82 from April 29, 201 to September 2011 as advance payment to promote the first generation.
다. 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 이동 받고 위 중추에 관하여 피고 회사와의 사이에 육용종계사육, 종란납품계약(이하 “이 사건 계약”)을 체결하였다.
According to the contract of this case, the defendant company supplied the plaintiffs with feed, medicine, etc. necessary for breeding of the mountain mountain, and the plaintiffs cultivated and produced eggs from the defendant company until the end-up of the mountain mountain, which they acquired from the defendant company. The defendant company purchased the eggs produced by the plaintiffs at a certain price, and settle accounts by deducting various costs, such as the mid-up drillings and feed prices, paid by the defendant company from the end-up price.
The main contents of the instant contract are as follows.
Article 11 (Payment of Amount of Disturbance)
1. The unit price for purchase of eggs shall be 266.6 won/per 266 won;
(hereinafter omitted)
3. Costs for eggs = [The number of eggs in the current month x the unit price for purchase in the current column x the unit price) - Advance payment deduction - the amount of gold-month feed supplied - the amount of gold-month medicine supplied] Article 14.
1. In the case of eggs, the hatche ratio shall be maintained at least 70% compared to the entry, and the unit purchase price of the column according to the ratio of hatche shall be based on the criteria in attached Form 2 (attached Table 1 of this Decision);