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(영문) 대전지방법원 2016.06.10 2015나100066
정산금 청구
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally with Co-Defendant C of the first instance trial and the Plaintiff 47.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of distributing and selling livestock products, and the Defendant is a person who operates a breeding consignment farm and a hatchery with the trade name of “FFFFC”.

B. On March 24, 2010, the Plaintiff entered into a contract for the supply of eggs of spawn breeding eggs (hereinafter “instant contract”) with Defendant A, with the content that, if the Plaintiff supplied pathology to Defendant A, Defendant A would have raised until he or she would have been silented (mination) and supply the eggs of spawn breeding eggs to the Plaintiff.

C. Defendant B and Defendant C jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff under the instant contract.

The main contents of the instant contract are as follows.

제2조 (육용종계 입추수수 및 입추일) 본 계약에 의한 “갑”(원고를 말한다)이 “을”(피고 A를 말한다)에게 공급할 육용종계의 품종은 ( 로스 )로 하며 입추수수는 암탉 ( 27,000 )수와 수탉 ( 4,050 )수를 2010 년 04 월 03 일에 입추하기로 한다.

Article 6 (Unit Price for Pre-Lifetive Report)

1. The unit price for the first life in the end shall be supplied to “B” at the unit price supplied to “A”, and the supplied amount shall be offset against the amount of the disturbance.

Article 7 (Standards for Supply of Feed)

1. “B” shall only use the feed supplied by “A”.

3.The amount of all feed supplied by “A” to the farm of “B” shall be offset against the amount of the blank space that “A” shall pay to “B”.

Article 11 (Payment of Expenses for Disturbing Public Waters)

1. The unit price for purchase of eggs shall be 266.6 won/per 266;

The unit cost of feed: 400 won/km.

3. Consideration for laying eggs = [The number of eggs for the current month x unit price for purchase of eggs) - Advance payment deduction - Amount of gold feed supplied for the current month - Payment for living advance payment and the amount of eggs for the current month] Article 13 (Payment of Price for Making Making Considerations for Life Advance and Balance).

2.The advance payments and any other advance payments paid during the period of fostering shall be divided into the balance sheet.

Article 14 (Additional Rate)

1. Sheet eggs shall be prepared for laying eggs;

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