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(영문) 대전지방법원논산지원 2014.11.05 2014가합2174
정산금청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 64,705,835 won and 6% per annum from September 13, 2014 to November 5, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company that engages in the distribution and sales business of livestock products, etc., refers to the early growth path pathology on the farm run by D and E. Following the Plaintiff’s request to nurture B’s heavy trends, the Plaintiff entered into a contract for the supply of meat breeding eggs (hereinafter “instant contract”) with the Plaintiff, which means that the F operator of the Plaintiff’s breeding agent business introduces Defendant A, who operated G farm from the Defendant Defendant C, and that the Plaintiff supplied her heavy trends to Defendant A around October 2010, when the Plaintiff supplied her heavy trends to Defendant A, the Plaintiff would be raising until Defendant A would become a old platform and supply the eggs produced therefrom to the Plaintiff (hereinafter “instant contract”).

Defendant B and C jointly and severally guaranteed the obligation to be borne by Defendant A to the Plaintiff under the above contract.

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

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

VI.(Unit price for the first generation in the middle)

1. The unit price for the first life in the end shall be supplied to “B” at the unit price supplied to “A”, and the supplied amount shall be offset against the amount of the disturbance.

Article 7 (Standards for Feed Supply)

3.The amount of all feed supplied by “A” to the farm of “B” shall be offset against the amount of the blank space that “A” shall pay to “B”.

Article 11 (Payment of Amount of Disturbance)

1. The unit price for purchase of eggs shall be 266.6 won/per 266 won;

3. Payments for eggs = [The amount of eggs in the current month x the purchase price for eggs x the number of eggs in the current month x the amount of advance payment deduction - Amount of gold feed supplied - Payments for drugs in the current month] Article 13.

1. “A” shall be paid to “B” on the basis of KRW 250/10 of the base amount for giving and receiving of living advance payments during the period of fostering from the after he/she was killed in B.

2.Advance payments paid during the period of fostering and all other matters.

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