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(영문) 청주지방법원 2016.10.12 2016가합483
물품대금
Text

1. The Plaintiff:

A. The Defendant Royo Farming Association shall be KRW 585,069,940 and shall be from April 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of business related to the production and distribution of meat-processed products, and Defendant Ro-Ba Agricultural Cooperative is a company established for the purpose of business related to the production and distribution of yellow chickens (hereinafter “Defendant Doc Cooperative”). Defendant Doc Agricultural Cooperative is a company established for the purpose of business related to the production and sale of yellow chickens, and Defendant Doc Agricultural Cooperative is a company established for the purpose of promoting the common interest of members engaged

B. On April 1, 2015, the Plaintiff and the Defendants: (a) supplied the Defendant Farming Cooperative with feed necessary for chickens raising; and (b) paid the Plaintiff the feed amount to the Defendant Farming Cooperative; and (c) concluded a contract with the Defendant Daegu Agricultural Cooperative to guarantee the above feed payment amount within the limit of KRW 500 million (hereinafter “instant contract”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, and the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion did not receive KRW 585,069,940, out of the feed amount supplied to the defendant farming association according to the contract of this case.

Therefore, Defendant Agricultural Cooperative is obligated to pay to the Plaintiff the above KRW 585,069,940 and damages for delay, and Defendant Daegu Agricultural Cooperative is jointly and severally liable with Defendant Agricultural Cooperative to pay KRW 500,000,000,000, out of the above money.

B. According to the respective statements in Gap's evidence Nos. 3 through 6 (including the number of each number; hereinafter the same shall apply) and the overall purport of Gap's testimony and pleading, the plaintiff, as of September 30, 2015, supplied by the plaintiff to the defendant farming cooperative during the period from March 21, 2015 to August 24, 2015, did not receive KRW 65,069,940 from the defendant farming cooperative. The defendants are individual farms that the plaintiff was entrusted to raise chickens by the defendant farming cooperative during the period from June 23, 2015 to August 24, 2015.

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