logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.11.20 2017나7802
선급금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established with the aim of enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and facilitating their distribution, and improving the economic, social, and cultural direction of its members by providing technology, funds, materials, information, etc. required by its members.

B. On April 22, 2014, the Plaintiff entered into a contract with the Defendant for the cultivation of old-age plants (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”).

The Agreement on Contract Cultivation (Entrustment Form) [Indication of Contract Cultivating Objects] The Agreement of this case (Evidence No. 1, No. 4) in Hongsung-gun, Hongsung-gun, Hongsung-gun, where the subject matter of the contract cultivation is located is indicated as D, but this seems to be a clerical error in the “C”.

Products: 54,208,00 won in heavy goods: 54,208,00 won in spring for the total estimated unit price (won/km) for a variety of goods with a size of 22,400 square meters in spring for the scheduled shipment on a day-to-day day: 12,100 square meters in size:

Above 4. 14

Above June 1, 1800 up to or up to June 1

6. Article 2 (Deposit for Contract) ① The Plaintiff shall pay KRW 27,104,00,000, which is 50% of the total calculated amount at the time of the conclusion of this contract, to the Defendant as the contract bond.

Article 3 (Management of Objects) (1) The defendant shall comply with the requirements for safe use of agrochemicals in the production of the above objects.

② The Defendant shall perform its duty of ordinary management of the said object by the date of shipment designated by the Plaintiff.

(3) All expenses incurred in ordinary management under paragraph (1) shall be borne by the defendant.

Article 4 (Shipment and Sale) (1) The defendant shall ship the standardized product to the plaintiff in accordance with the terms and conditions of the contract.

(2) In principle, shipment volume by time shall be contents of a contract, but the timing of production, market conditions, etc. may be adjusted after consultation with the plaintiff.

(3) The shipment place shall be the place designated by the plaintiff.

(4) The volume of shipment shall be sold by the plaintiff, and the defendant shall raise an objection to the time of sale, place of sale, selling price, etc. of the plaintiff.

arrow