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(영문) 전주지방법원 2017.02.08 2015가합3142
선급금
Text

1. The Defendant shall pay to the Plaintiff KRW 280,00,000 and the interest rate of KRW 15% per annum from December 22, 2015 to the date of full payment.

Reasons

Basic Facts

A. A limited liability company A (hereinafter “A”) is a company that engages in agricultural products sales business, etc., and the Defendant is a person who produces agricultural products, such as increase, etc.

B. On November 21, 2013, the Defendant entered into a contract for the production and distribution of organic agricultural products (hereinafter “instant production contract”) with a Korean-registered organic farming company A, limited liability company Korea-registered agricultural company (hereinafter “Korea-registered organic farming company”), and the Defendant entered into a contract for the production and distribution of organic agricultural products.

(A) The Defendant asserted in the Defendant’s reply dated May 14, 2015 and April 20, 2016 that A is not a party to the instant contract. However, in a preparatory document dated November 25, 2016, the Defendant alleged A and the Defendant as a party to the instant contract, and thus there is no dispute as to the instant contract.

In the production contract of this case, the defendant produced organic agricultural products as a farmer who has obtained the quality certification of organic agricultural products, and Korea-registered organic farming has provided technical guidance for the production of organic agricultural products, guidance and supervision for the creation, operation, and stability of industrial complexes, and A has decided to distribute organic agricultural products produced by the defendant.

In the instant production contract, the Defendant cultivated the organic math (the instant production contract refers to the Defendant’s production and supply of “outstanding 12 crops,” but there is no dispute over the fact that the Defendant actually produced and supplied the said organic math, etc.) and decided to supply “A” at the beginning of June 2014.

A paid 200 million won the down payment for agricultural products to the Defendant, and the remainder was determined to be paid after consultation at the time of shipment of agricultural products.

E. From August 2, 2013 to May 13, 2014, the Plaintiff paid KRW 280,000,000 to the Defendant as follows.

Meanwhile, from June 2014, the Defendant did not supply the Plaintiff with organic farming math to the time of closing the argument in this case.

The amount of payment on the No. 10,000,000 D Defendant 10,000 on August 2, 2013, 2013, the payee of the payment on the date of the deposit (source) shall be m&D Defendant 4, Nov. 19, 203, on October 4, 2013, E 300 A E 3, 2013, Nov. 6, 2013.

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