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(영문) 광주지방법원 2015.10.02 2014가합2893

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations established to enhance the agricultural productivity of its members and to promote the expansion of markets for agricultural products produced by its members and the facilitation of their distribution.

Agricultural Partnership A (hereinafter referred to as “A”) operated B in the former Kim Jong-si, and traded rice between April 201 and February 201 with the Plaintiff, such as purchasing rice between the Plaintiff. An agricultural corporation’s net agricultural products distribution company (hereinafter referred to as “net agricultural products distribution company”) is a corporation that engages in the contract production, distribution, processing, sales, etc. of agricultural and special products located in the former west-gun.

B. On January 5, 2011, the Plaintiff agreed with the Defendant to sell 120 million tons of rice in the year 2010 to the Defendant in the amount of KRW 1.29 million as the contract of this case (hereinafter “instant contract”). The Plaintiff’s rice, the object of the sale, is deemed as rice in the instant case.

A) The contract of this case was concluded, and the following day was prepared and sent to A’s representative C to the Defendant’s office, and had A enter the Defendant’s official seal. [Agreement on Transactions of Agricultural Products (Ulllles)] Article 1(Principles), “A” (Dong Uniform Agricultural Cooperative; hereinafter the same shall apply)” (Principles)

(B) and B (the agricultural cooperative, the same shall apply hereinafter).

In principle, in selling and selling rice, it shall be applied to Gap and Eul's agricultural products transaction. The rice of Article 2 (Real Name) table and the amount of 5 (unit price) of the same volume as the table under Article 4 (Unit) of the same volume as that under Article 4 (Unit) of the same volume as that under Article 5 (Unit) of the same volume as that under Article 4 (Unit) of the same as that under Article 2 (Real Name), is 40G 43,000,000 1,290,000,000 for rice and its quality are examined only after entering into the warehouse of Gap, and after entering into the contract, they are deposited into the account designated by Eul for the period under Article 8 (Requirements for Acceptance) of the same volume as that under Article 5 (Unit).