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(영문) 광주지방법원 2020.04.23 2019구합11293

무효등 확인의 소

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Details of the disposition;

(a) A union B (hereinafter referred to as the “instant union”) is an organization established for the allocation and administration of food TRQs in accordance with each free trade agreement between the Republic of Korea, the United States of America, Canada, and Australia (a certain quantity of annual TRQs applied in free trade under each free trade agreement).

B. The Plaintiff is an incorporated association whose members are food processing companies using bean as its raw material, and is one of the 11 member organizations constituting the federation of this case, and C is also a member of the federation of this case.

C. The Defendant is a corporation established pursuant to the Korea Agriculture and Fisheries Corporation Act for the purpose of stabilizing the supply and demand of agricultural, forestry, livestock, and fishery products and promoting the food industry through projects for stabilizing the prices and improving the distribution of agricultural, forestry, livestock, and fishery products, thereby contributing to the promotion of farmers and fishermen’s income and the balanced development of the national economy.

On March 23, 2018, the Defendant notified 11 organizations, members of the federation of this case of the result of the distribution of the 2019 TRQs quantity by each member (hereinafter “instant allocation quantity”) under the title “report on the rise of the 2019 FTA, conference, and result of allocation,” and among them, “C below” as the Plaintiff and the incorporated association.

(1) The allocation rate of the application for the allocation of the ratio of the portion of the Plaintiff’s second part 6.732,400 1,950 60 1,600 1,600 1,600 1,609 606.79 605 600 1.651 600 400 40 601.65 600 40 6771.65 200 40 40 1.65 2016 20 2012 C bean or water 9.735,000 2,819 2,819 32,000 2,459 1,459 80 / [mark]

E. C requested the Plaintiff to transfer the part of the instant allocation quantity to be allocated to the Plaintiff on the ground that the Plaintiff was a member company D and E were changed to C, but the Plaintiff was so requested.