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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On April 21, 2014, the Plaintiff, an incorporated farming association established mainly for the purpose of distributing agricultural products under a contract cultivation agreement, entered into a contract cultivation agreement with the Defendant under which the Defendant would be supplied with certified rice seeds from the Plaintiff and shipping them to the Plaintiff (hereinafter “instant contract”). On the same day, the Plaintiff supplied the Defendant 5,60,000 (=2,800 x 2,000 g x 2,800 g) with authorized rice seeds equivalent to the amount of 5,60,000 g.
The part concerning the instant case among the terms of the instant contract is as follows.
Contract cultivation area: Estimated purchase quantity of 132,000 square meters (110 parcel): 308,000 g of rice: 2,800 g supply x 2,800 g of rice: 5,600 g = 5,600,000 (Purchase price) shipped by the Defendant under Article 3 (Shipment Price) of the product (Class 1) 65,00 g of 40 g of 1 mag of the product (class 1).
The market price shall be determined by the intermediate price at the time of error.
Article 4 (Amount of Contract) After transferring the lot number, 30,000 won shall be paid per parcel after confirming the lot number.The down payment shall be paid in cash of 33 million won and seeds necessary.
B. On June 30, 2014, the Plaintiff purchased approximately KRW 20,738,00 from the Defendant (i.e., approximately 22,420km x 925 won/km) 22,420 kilograms, and paid KRW 20,00,00 as part of the purchase price to the Defendant on June 30, 2014 and July 3, 2014. (ii) The Plaintiff paid KRW 20,683,425 won from the Defendant on July 9, 2014 (i.e., 2, 901km x 925 won/km) x 2,905 x 2,605 g x 205 g x 205 g, 201 x 205 g, 204 x 205 g).
3) The Plaintiff lent 20 km rice equivalent to KRW 45,000 to the Defendant around October 2014, and KRW 30,000,000 on October 2, 2014 (hereinafter “the instant money”).
(4) On December 31, 2014, the Plaintiff remitted KRW 10,000,000, respectively.