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(영문) 광주지방법원순천지원 2015.10.08 2014가합14208

손해배상(기)

Text

1. Defendant A, B, and C Co., Ltd. shall be jointly and severally owned by the Plaintiff KRW 800,000,000.

Reasons

1. Basic facts

A. On June 2, 2014, the Plaintiff entered into a contract for the purchase of miscellaneous grain with Defendant B Agricultural Cooperative (hereinafter “Defendant B”) to purchase KRW 4,000 per kilogram per kilogram unit price of KRW 4,00, total price of KRW 4 billion ( KRW 1,000,000 x 4,000,000 won (hereinafter “the first sale contract”).

On the same day as the date of the conclusion of the first sale contract, the Plaintiff entered into a purchase and sale contract with the agricultural company C (hereinafter “Defendant C”) to sell 4,050 g per kilogram per unit price of 1 kilogram, total price of KRW 4,000,000 (1,00,000 x 4,050 g x 4,050 g) in Korea, which is in custody of the agricultural company C (hereinafter “Defendant C”) in 2013.

B. On June 3, 2014, Defendant C prepared and issued a certificate of custody that the Plaintiff owned 200 tons of 200 tons of 100 tons of 2013, which the Plaintiff had been kept by Defendant CF (hereinafter “the certificate of this case”), and Defendant CF written and issued a certificate of custody that the Plaintiff would not deliver the above 200 tons of 0 tons of 200 tons of 10 tons of 200 tons of 200 tons of 200 tons of 200 tons of 200 tons of 20 tons

C. On June 3, 2014, the Plaintiff: (a) received the instant certificate of confirmation and the custody certificate; and (b) paid KRW 800 million in advance under the first sale contract to the Defendant B’s account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion had purchased miscellaneous grain from Defendant B in 2013, which Defendant B stored in the warehouse of Nonghyup CF and Defendant C, was a mixture of 2011 and 2012, and most of them were subject to disposition for food.