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(영문) 서울고등법원 2015.07.24 2014나24183

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The part resulting from the intervention in the appeal costs shall be the intervenor joining the defendant.

Reasons

1. Facts of recognition;

A. 1) Conclusion of a grain supply contract

(2) On January 8, 201, the Plaintiff was requested to determine whether the Defendant would be entitled to advance payment of the price in lump sum instead of purchase of grain from the Defendant around the end of January, 201. Accordingly, the Song Farming Cooperative made a contract with the Plaintiff for supply of grain, and the Plaintiff concluded a contract for supply of grain with the Defendant, and made a contract for supply of grain to the Defendant, who is the other party to the contract for supply, in a manner that the Plaintiff would pay the price in lump sum to the Defendant. 2) Accordingly, the Plaintiff and the Defendant on February 8, 201 to perform the duty of supply of grain to the Song Farming Cooperative, with a view to performing the duty of supply of grain to the Defendant on a 60,000,000,000,000,000,000,000,000,000 per 32,000,000,000,000,00 per 20,000,00.

(hereinafter “instant supply contract”). Meanwhile, on February 1, 201, the Defendant had already concluded a grain supply contract with the Defendant’s Intervenor regarding the same amount of grain as the subject matter of the instant supply contract, in order to supply grain to the Plaintiff.