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(영문) 대전고등법원 2015.05.29 2015나364
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the breeding business of breeding spawn with the trade name of B farm, and the Defendant is a company that runs the breeding business of spawn and breeding spawn.

On October 2010, the Plaintiff and the Defendant concluded a contract for breeding breeding and breeding eggs (hereinafter “the instant basic contract”) with the content that the Defendant supplied the Plaintiff with the weighting of the drilling until the Plaintiff became a malon, and that the Defendant supplies the eggs produced therefrom to the Defendant.

The main contents of the instant basic contract are as follows.

제2조(육용종계 입추수수 및 입추일) 본 계약에 의한 “갑(피고)”이 “을(원고)”에게 공급할 육용종계의 품종은 로스로 하며 입추수수는 암탉 34,000수와 수탉 5,200수를 2010. 11. 3., 2010. 11. 20.에 입추하기로 한다.

Mobile Article 3 (Period of Contract and Agreement of Disturbing Trade)

1. The term of the contract for the last transaction shall be 65 weeks old on the basis of the date of entry as set out in Article 2, and the term of the contract may be extended or shortened by the written agreement of “A” and “B” regardless of the order.

2. “B” means the method of raising that, without the written consent of “A”, ceases to supply feed for about 20 days after the end of the contract under paragraph 1 and induces their hair and then re-produced the eggs.

shall not be extended or raised.

Article 7 (Standards for Feed Supply)

1. “B” shall only use the feed supplied by “A”.

Article 8 (Duty of Closing Transactions)

1. “A” is obligated to take over all the parts of the specifications specified in Article 10 produced “B” to the contract owner’s order set out in Article 3, and “B” is obligated to sell the entire parts of the specifications to “A”.

B. The Plaintiff, while raising a heavy trend supplied by the Defendant pursuant to the instant basic contract (hereinafter “instant heavy trends”), supplied the Defendant a paper box from May 201 to the Defendant, and the delivery was made.

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