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(영문) 전주지방법원 2017.09.15 2016나9448
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of manufacturing organic fertilizers, etc., and the Defendant is a company established for the purpose of manufacturing compost fertilizers.

On November 1, 2014, the Plaintiff entered into a contract for the supply of raw materials for livestock portion produced by the Plaintiff to the Defendant for one year from November 1, 2014 to October 31, 2015 (hereinafter “instant supply contract”). The main contents are as follows.

Article 3 (Supply Quantity)

1. The plaintiff shall supply the entire quantity of the produced goods to the defendant.

2.In the event of an excessive or excess, co-ordination shall be conducted under mutual consultation.

Article 4 (Supply Price)

1.based on 65 won/km.

2. The determination of supply prices shall be ten tons of commercial trucks (5894) base of five tons.

3. If the need for price adjustment arises within the agreed period, it shall be determined in consultation with each other after the enhancement of cost increase or decline factors.

Article 5 (Transaction Method)

1. The settlement of amounts of raw materials shall be made in cash on the fifth day of each month after delivery;

2. Where any defect occurs in the course of the distribution and delivery of raw materials, the plaintiff is responsible for the defect and the defendant.

It shall immediately take measures for compensation or exchange pursuant to the agency.

Article 6 (Period of Agreement)

1. The contract term shall be one year;

2. This contract shall be extended for a period of one year, provided that both parties have not expressed their intent to rescind the contract after the expiration of the contract period;

Article 9 (Termination of Agreement)

1. If the plaintiff or the defendant fails to observe the terms specified in this Agreement, the other party may terminate this Agreement.

2.In the event of termination of this Agreement, a notice shall be given in writing not later than 60 days before such termination.

B. On February 10, 2015, the Plaintiff entered into a contract with B, the representative of A, to supply livestock ingredients from February 10, 2015 to April 10, 2015. The Plaintiff received KRW 11,375,000 from B in return for supplying 175,00 kilograms of livestock ingredients.

C. Since the conclusion of the instant supply contract, the Defendant from the Plaintiff to the present date.

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