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(영문) 청주지방법원 2016.07.07 2015가합23472

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs A, B, and C are respective ginseng cultivation farmers, and Defendant D Agricultural Cooperatives (hereinafter “Defendant Cooperatives”) are individual agricultural cooperatives established for the purpose of increasing ginseng products, developing the ginseng industry, enhancing the economic and social status of ginseng cultivator, etc.

B. On December 8, 2010, the Defendant Union entered into a contract with the Defendant Union, the E and F, a member of the Defendant Union, the E and F, who were employees of the Defendant Union, to supply eco-friendly ginseng to the traffic through E&C, and began to purchase eco-friendly ginseng from farmers since 2011.

C. On September 2012 and October 2012, the Plaintiffs filed an application for the purchase of unregistered ginseng with respect to the ginseng which they cultivated with the Defendant Union. The Defendant Union purchased the Plaintiffs’ ginseng without agricultural chemicals upon the above application for purchase. (2) However, the Plaintiffs knew that the ginseng produced from their ginseng growing land was cultivated by using organic synthetic agricultural chemicals, and filed an application for the certification of non-agricultural products with respect to the said land with knowledge of false fact, and then filed an application for the purchase with the Defendant Union for non-agricultural products without agricultural chemicals, thereby allowing the Defendant Union to purchase the ginseng without agricultural chemicals, and was convicted of the facts charged that the Defendant Union acquired the purchase price from the Defendant Union as listed in the following table, and the judgment was pronounced guilty.

(hereinafter referred to as “relevant criminal cases.” The purchase price payment amount (a) of the purchase price (k) on the date of purchase (k) of the plaintiffs’ names and three days of purchase (hereinafter referred to as “related criminal cases”) shall be October 6, 132, 132.68, 256, 721, 965, 150 October 8, 2012, 2012, 130.09, 570.2, 2010, 73, 284, 450 on October 7, 2012, 2012. < Amended by Presidential Decree No. 23748, Oct. 9, 2012; Presidential Decree No. 23770, Oct. 29, 2012; Presidential Decree No. 23980, Oct. 37, 2016; Presidential Decree No. 23950