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(영문) 창원지방법원 진주지원 2018.07.11 2017가합486

외상매출금

Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of wholesale and retail business of agricultural and fishery products, and Defendant C is the representative director of the Defendant Company.

B. Around 2014, the Plaintiff entered into a credit transaction agreement between the Plaintiff and the Defendant Company (i.e., the conclusion of a credit transaction agreement between the Plaintiff and the Defendant Company). In order to increase the performance of the business, the Plaintiff purchased and sold agricultural products directly by a food material distributor without having made a real transaction. The account was that the Plaintiff purchased agricultural products at the purchase price, but disposed of as if it were again sold to the relevant distributor, and then, the purchase price was directly made by the purchaser, etc. designated by the relevant distributor, and was engaged in a simple transaction in the manner of paying the purchase price plus the commission. 2) The representative E and employee F of D (hereinafter “D”) were urged to pay the credit purchase price from the Plaintiff during the transaction of agricultural products with the Plaintiff, but it was difficult for the Plaintiff to pay the credit purchase price due to the aggravation of the company’s financial situation. As such, D’s auditor, with the intention of purchasing and selling agricultural products under the name of the Plaintiff to receive the purchase price under the name of the Plaintiff’s real estate seller, etc. through a false transaction agreement with the Plaintiff.

3) On March 11, 2014, the Plaintiff submitted to the Plaintiff on March 11, 2014 the written agreement submitted by the Plaintiff (Evidence A No. 1 written on March 14, 2014), and submitted by the Defendants.