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(영문) 제주지방법원 2020.04.23 2019가합12394
손해배상(기)
Text

1. The defendant shall pay 175,680,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On January 22, 2014, the Defendant: (a) supplied the Plaintiff with a total of KRW 14,500 per piece of money produced by the Defendant for five (5) years from the date of concluding the contract; (b) purchased mushrooms produced by the Plaintiff from the Plaintiff in the amount equivalent to 72% of the price per kg indicated in the Japanese Credit; and (c) entered into a contract on the total of KRW 10% of the purchase price of mushroom purchased by the Defendant to the Plaintiff in the form of a separate sales profit.

B. The Plaintiff and the Defendant entered into a contract with the following terms in relation to the supply of the following items under the title of the “Agreement on the Purchase of Yellow Fuls,” which is the same day in accordance with the above total sales contract:

(hereinafter “instant contract”). The Defendant and the Plaintiff agree to enter into a mutual agreement in carrying out the Yellow Dust Project as follows:

Article 1 [Purpose] It shall cooperate with each other in order to promote potential projects and to develop and improve the sales of the SPFFF items, as well as to revitalize potential projects through strategic alliances utilizing the capabilities held by each person on the basis of the terms and conditions of the contract described in this contract.

Article 2 (Subject Matter of Business)

1. The subject matter of this Agreement is the Yellow Furgical Furgs C produced in Namyang-si, Gyeonggi-do.

2. The following facts are confirmed by the Defendant and the Plaintiff to be transferred to the Bank of Korea:

Article 3 [Terms and Conditions of Contract] - The item price shall be KRW 16,500 per copy, and the defendant shall determine to purchase all of the mushrooms produced by the plaintiff, and the purchase price shall be KRW 500,000 per kg.

-The purchase charges to be paid by the Defendant shall be paid 50% on the date of shipment to the Plaintiff and shall be paid 50% of the remainder within seven days after the shipment to the Plaintiff.

-if the defendant does not purchase all of the mushrooms produced at the agreed price, the whole quantity produced shall be calculated as the agreed purchase price and shall be compensated for to the plaintiff.

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