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(영문) 대전지방법원천안지원 2020.07.16 2019가단110243
보증금반환
Text

1. The Defendant’s KRW 23,09,917 as well as the Plaintiff’s KRW 5% per annum from July 18, 2019 to July 16, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the quantitative mooring place in the name of “D” in Dong-gu, Nam-gu, Seoul (hereinafter “instant double mooring place”), and the Defendant is a company with the purpose of livestock products distribution business, etc.

B. On August 2018, the Plaintiff agreed with the Defendant to raise earth and sand, which was entrusted by the Defendant, in the two fields of commerce of this case.

(hereinafter referred to as “instant agreement”). C.

On September 15, 2018, the Defendant: (a) estimated the number of 22,600 of the same plant variety as the Republic of Korea Scopia 17,000 Scopia on September 21, 2018; and (b) agreed to adjust the number of 800 Scopia to the Plaintiff and the estimated number of 38,800 water at the beginning of the entry.

The plaintiff, using feed received from the defendant after the plaintiff, raised the above pathology at the place of the fish industry in this case, and the defendant raised the same in attached Form at the place of the fish industry in

1. A total of 37,187 water, and the total of 113,930km, such as entry in the shipment list, have shipped earth and rocks.

E. Meanwhile, the Plaintiff received KRW 3,00,000 as an advance payment under the instant agreement from the Defendant on August 23, 2018, and KRW 7,000,000 on September 12, 2018, respectively, and received additional fees of KRW 2,00,000 on October 15, 2018 and KRW 2,00,000 on December 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1-4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant did not agree on the terms and conditions of raising earth and chickens under the instant agreement, and the Plaintiff’s raising cost required for raising earth and chickens entrusted by the Defendant from September 15, 2018 to January 27, 2019 is attached hereto.

2. 46,948,955 won in total (amount calculated by multiplying the average daily personnel expenses, disease control expenses, fuel cost, water or mineral heat cost, and the average raising period, the shipment volume, by the average raising period, as shown in the table of claim details) as stated in the table of claim for raising expenses, and the rent for the fish farms in this case = 723,287 won in total =2,000.

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