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(영문) 춘천지방법원 2015.08.21 2014나4594

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. (1) From April 2010 to April 2010, the Plaintiff conducted economic business through consignment of agricultural products and a contract for the sale of agricultural products with B farming association (hereinafter “instant farming association”) from around April 2010. This was conducted by the instant farming association association selling agricultural products or processed agricultural products in the name of the Plaintiff to the Plaintiff as commission, and the remaining sales proceeds were reverted to the instant farming association.

(2) Although the instant farming association needs additional operational funds around May 201, it had already been obligated to pay approximately KRW 1 billion to the Plaintiff, and the representative director C of the instant farming association was in a situation in which it was impossible for the Plaintiff to make a financial transaction due to bad credit standing.

(3) Based on the fact that farmers can receive advance payment from the agricultural cooperative instead of supplying agricultural products to the agricultural cooperative at the time of harvest, C entered into an agricultural contract cultivation agreement with the Plaintiff in the name of land and used advance payment and account receivable from the Plaintiff as operating funds of the instant agricultural cooperative.

(4) C requested G to be the representative of the IFE and his own branch of G, which is the representative of the IFE and the employee of the IFE, and G was introduced to enable the Defendant, who is his father, and the employee of the IFE, to enter into an cultivation agreement with the Plaintiff.

(5) On August 18, 201, the Plaintiff entered into a contract cultivation agreement (hereinafter “instant contract cultivation agreement”) with the Defendant to purchase 101,50,000 won (i.e., the volume of KRW 290,000 x the unit price of KRW 350) with the Defendant (i.e., the Defendant). The employees of the Plaintiff D branch visited the Defendant’s ship cultivation site located in Yongnam-gun, and verified the status of culture by visiting the Defendant’s ship cultivation site located in Yongnam-gun, at the time of the instant contract cultivation agreement.

On the other hand, this is true.