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(영문) 서울중앙지방법원 2016.03.31 2014가합552117

상환금 등

Text

1. Defendant B’s KRW 2,223,467,603 and the interest rate of KRW 20% per annum from January 1, 2014 to the date of full payment.

Reasons

1. The premise is that the Plaintiff is an agricultural, forestry, and food investment fund established based on the Act on the Formation and Operation of Agricultural, Food, and Fisheries Investment Funds, and the Defendant A’s incorporated association (hereinafter “Defendant Association”) is an incorporated agricultural cooperative that distributes and exports agricultural products, livestock, and forest products, and jointly purchases and arranges sales of agricultural materials.

Defendant B entered into a contract with the Defendant Federation on June 11, 2012 with the introduction of C, the Secretary General of the Defendant Federation, and accordingly, was in the position of the head of the Distribution Business Association of the Defendant Federation.

Article 1 The purpose of this Agreement is to organize the Distribution Business Association under the name of the defendant federation and to determine matters necessary for operating the business in order to carry out the business of distributing agricultural products and processed agricultural products produced by farmers in the market.

Article 2 (1) In the course of running the distribution business, the defendant federation grants to the defendant B a reasonable position to enable the transactions under the name of the defendant federation (the head of the distribution business group).

(c) Defendant B shall operate the Distribution Agency with the duty of due care of a good manager, and the sales and purchase of the Distribution Agency in the course of the course of the distribution business shall be conducted only through an account in the name of the Defendant Federation designated by the Defendant Federation.

Article 4 The representative of the Distribution Agency shall be the chairperson of the defendant federation, and the accounting shall be in charge of employees designated by the defendant federation, and the defendant B shall carry out the actual project as the head of the group.

[Ground of recognition] The plaintiff and the defendant federation: The non-contentious facts, Gap evidence 2, 3, Eul evidence 2, the purport of the whole pleadings, and the purport of the whole pleadings between the plaintiff and defendant B: The non-contentious facts

2. The Plaintiff’s assertion is between the Defendant Federation on November 28, 2012 and the Plaintiff’s claim with respect to “high-gu domestic distribution business” as the original purchase fund.