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(영문) 서울중앙지방법원 2014.12.09 2012가합49
손해배상 등
Text

1. The Plaintiff:

A. Defendant A Agricultural Partnership, J, and K are jointly and severally liable for 24,000,000 won and its corresponding from August 7, 2009.

Reasons

1. Basic facts

A. On February 27, 2004, the Plaintiff and the Fosterage-gun entered into an agreement on the creation of a mountain ginseng development complex, which would distribute profits if the Plaintiff supplies mountain ginseng seedlings free of charge, by creating a mountain ginseng cultivation complex within the Cultivation-gun.

(hereinafter “instant Convention”). The main contents of the instant Convention are as follows.

Article 2 [Mutual Cooperation and Apportionment of Duties] (1) The roles of Gap (referring to Hayang-gun; hereinafter the same shall apply) shall be:

2. A shall conclude an agreement with the small groups of wood, etc. participating in the cultivation of mountain ginseng, etc. separately with the consent of B (referring to the plaintiff; hereinafter the same shall apply).

3. The management of the mountain ginseng that Party B provided is planted directly by Party A shall be responsible for the planting of each crop group in which Party A and each crop group participating in the cultivation (including individual farmers) are planted.

(2) Roles B shall:

1. B shall provide Party A with mountain ginseng not less than 50,000 roots each year from 204 to Party A without being paid the ginseng.

Article 5 [Management of Farmland] (1) B shall provide technical support for cultivated land, such as the prevention of pests.

Article 7 [Distribution of Profits of Mountain Ginseng] (1) The sale of mountain ginseng produced within the jurisdiction of A shall be fully responsible for the sale of mountain ginseng, and the sale price of mountain ginseng shall be taken into account the market price, and it shall be determined by participating with Party A and Party B at the time of the sale of products processed with the produced ginseng or mountain ginseng.

(2) B after planting them to Gap, profits from the mountain ginseng harvested after planting them to Gap shall be distributed as follows:

1. In the case of mountain ginseng directly planted by Party A, facility expenses and facility management expenses ( personnel expenses, oil bags, etc.) invested by Party A to prevent damage shall be deducted from the gross sales, and then distributed 20% and Party B shall be distributed for three years at the ratio of 80% and then the period during which profit distribution shall be separately agreed;

2.As for the mountain ginseng planted by small groups in the forest and fields within Gap's jurisdiction by providing them with the ginseng price for mountain seedlings without being paid, the small group of wood at the time of sale shall be 40% and Eul shall be distributed at the rate of 60%.

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