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(영문) 전주지방법원 군산지원 2018.06.21 2016가합10652

매매대금반환

Text

1. The defendant,

A. Plaintiff A’s agricultural partnership KRW 176,198,862 and its related amount from April 24, 2015 to May 12, 2016

Reasons

1. Basic facts

A. The status of the parties is Plaintiff A Agricultural Association (hereinafter “Plaintiff A”) and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) are corporations engaged in each of the grain trade business, etc.; D is a person who was working for the representative director of the Plaintiff E Co., Ltd. (hereinafter “E”) established on May 7, 2015 when engaging in the grain trade business under the trade name “E”); and F is a person who was working for the Defendant’s managing director from May 1, 2013 to December 7, 2015 as the managing director and a manager on the register of the G Co., Ltd. (hereinafter “G Co.”).

B. A rice sales contract E between the Defendant and E entered into a sales contract for purchasing rice from the Defendant from January 2015 to May 2015, 2015, and as a result, due to the shortage of funds, the Defendant was placed in the situation where the purchase price cannot be paid to the Defendant, and the Defendant again sold rice to other rice buyers to raise funds.

C. On April 17, 2015, the term “A” was written in the name of the Plaintiff A, the Defendant, and E, and “A” with the content that “A” purchased KRW 445,00,00 for the general rice of 2014, where the Plaintiff agreed to purchase from the Defendant, as the purchase price of KRW 445,00,00 for the general rice of 2014 (based on 40km), and the delivery date for May 31, 2015, the term “A” with the content that “A” was to purchase and sell rice of KRW 5,00,000 for the general rice of 200,00 (based on 44,500,500 for the 200,50,505,000 won for the purchase and sale of rice of KRW 1,50,00 for the general rice of 20,505,000 for the Plaintiff A, the Defendant Party A and the E”.