추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons why the court should explain this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The summary of the Plaintiff’s assertion 1) The instant contract was lawfully concluded between the non-party corporation and the Defendant association represented by C, and the non-party corporation deposited KRW 200 million in D’s account pursuant to the instant contract, but the Defendant association cancelled the instant contract because it did not deliver rice. The Plaintiff received the right to claim the return of the above purchase price amount of KRW 200,000,000,000,000,000,000 won and interest or delay damages after the date of the receipt thereof.
2) Preliminary assertion C, as if it were to supply rice agreed upon to the non-party corporation, was deceiving the non-party corporation to enter into the instant contract. The defendant association, as the employer of the non-party corporation, bears the liability for damages incurred by the non-party corporation due to the tort in accordance with Article 756 of the Civil Act, and the plaintiff acquired the damage claim based on the tort from the non-party corporation, i.e., the damage claim incurred by the non-party corporation due to the non-party corporation, thereby claiming for the payment of KRW 200 million and the damages for delay.
In other words, the contract of this case is merely the so-called reduction payment that the defendant union provided that the defendant union would directly supply rice to the non-party corporation by shortening the payment process, and the defendant union does not bear any contractual obligation.
2. Even if the Defendant Cooperative is a party to the instant contract, the instant case.