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(영문) 의정부지방법원 2016.11.25 2016나8399

손해배상

Text

1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant was a stock company established for the purpose of consignment sale of fruits, vegetabless, etc., and was designated as a wholesale market corporation by the opener of the former Agricultural and Fishery Products Wholesale Market, and the Plaintiff was granted permission as an intermediary wholesaler for the purpose of wholesale and retail business of agricultural products.

B. On January 25, 2013, the Defendant listed the root entrusted by the shipper at the former Agricultural and Fishery Products Wholesale Market and put it at an auction. On the same day, the Plaintiff was awarded a successful bid in the amount equivalent to KRW 26,628,00 in total of 317 boxes, each of which was 317 boxes.

C. The plaintiff thought that the root of this case contained in a box stating "domestic acid" is a domestic acid and was awarded a successful bid.

(Import party award can be sold only in clean condition). On the same day, the Plaintiff purchased the product from the Defendant as an auction on the same day, and the bid price per 1kg of the import party award was remarkably lower than 4,200 won per 1kg of the root of this case.

The plaintiff sold part of the root of this case to a third party, and thereafter, it was revealed that the root of this case was China, and part of which was returned to the plaintiff.

On May 31, 2013, the Plaintiff issued to the Defendant a certificate of content seeking compensation, etc. due to the destruction of 148 gamblings kept or returned, in accordance with the direction of the National Agricultural Products Quality Management Service.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the cause of action

A. The defendant, as a consignment corporation, is entrusted with the sale of the root of this case, which is the part of illegal revenue prohibited from circulation A, sold to the plaintiff. The defendant, as a commission agent, is obligated to pay the plaintiff the amount of damages equivalent to the purchase price for the root of this case, destroyed to the plaintiff (=148 gamblings x 84,000 won).

B. Determination 1.