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(영문) 광주고등법원 2015.01.16 2013나11460

정기예탁금반환

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the basic facts is subject to five pages of the judgment of the court of first instance.

Section 4 of Paragraph 4, “B”, “(30,000,000 won as security limit)” following the following:

Before the end of Paragraph 5, “(the Plaintiff would receive 50% of the net profit that a wood shed association can obtain as a result of the implementation of the rice shipment agreement of this case from the wood shed association, and as above, concluded a pledge agreement, and as a joint and several guarantee was made pursuant to the rice shipment agreement of this case, for which a wood shed association bears the obligation to the Defendant pursuant to the rice shipment agreement of this case).” 6 pages 5.

“A farming association division” in the first sentence of paragraph (1) shall be between the following:

Pursuant to the two parallels of Paragraph 2, “as sold,” “A separate road.” The Defendant, after the instant termination notice, kept 49,800 cm in the storage shipment quantity as stipulated in the instant rice shipment arrangement, and agreed on September 3, 2012 with the continental farming association (hereinafter “alternative landing”) to sell a total of 43,00 cm in general 55,50,000 cm in general rice per 1 tomath, 60,000 cm in agricultural waste-free rice, and 10,000 cm in agricultural waste-free rice per 1 tomath, and 60,000 Ga in agricultural waste-free rice per 60,000 Ga in general, until September 30, 2012; and each additional agreement is concluded to sell the remaining 10,000 Gama by November 30, 2012; and each additional agreement is concluded to have 10,003 Gama2,28.”

The reasoning of the judgment of the court of first instance is the same as that of paragraph 1, except for the use of the phrase “assumed” of paragraphs 7 and 8 as “assumed”, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is liable for breach of a contract under Article 8 of the Rice Shipping Agreement for which the storage and shipment was not performed, and thus, the Defendant’s notification of the termination of the instant case on the ground of the breach of the contract by the wood company is invalid. Thus, the wood company violated the duty of storage and shipment under Article 8 of the

Even the defendant is also the defendant.