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(영문) 광주고등법원 2019.05.01 2017나14702

매매대금반환

Text

1. The defendant's appeal is dismissed.

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

3. The defendant's succession to the lawsuit is followed.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the agricultural products trading business.

B A union (hereinafter referred to as “B”) was merged with the Defendant on March 21, 2019 as a regional association under the N Act, and accordingly, the Defendant took over the litigation procedure in this court.

D served as a managing director and a manager on the register of B unions from May 1, 2013 to November 19, 2015.

C was engaged in rice sales business in H’s trade name, and established a P Co., Ltd. on May 7, 2015.

나. 원고, B조합, C 사이의 조곡 粗穀, 수확한 그대로의 벼 알곡을 의미한다.

On May 28, 2015, a sales contract was prepared by the Plaintiff, B, and C with the following terms and conditions as “the contract for the transfer of dried rice (general rice)” in the name of the Plaintiff, B, and C, and at the time D entered into a contract for the transfer of 2014 mountain grain between the instant A (B Association), B (C), and C (Plaintiff) as follows:

Article 1 (Purpose of the Contract) This Agreement agrees to the matters necessary for the final sale of rice supplied by A to B pursuant to the contract under which A and B agreed to the general rice owned by A to B.

Article 2 (Influence, Name, Apportionment, Quantities, Quantities, etc.) All rice fluences, names, quantities, and quantities shall be as follows:

1) Annual acid : 47,500 won in 2014. Item 3 above 40km : Quantity 5 in general: 800,000km (20,000 Ghana/40km 6) on the date of delivery: Commencement within 10 days after the contract - 7 days after the date of shipment until July 28, 2015 (the date of shipment 7 days after the contract is completed) / dispatch : C's shipment summary.

Cheong shall comply with the delivery of “A”, and where there are special matters, “A” and “A” shall consult with “A”, and “A” shall be “A”.

Article 3 (Contract Deposit and Payment) C does not have any down payment to guarantee the performance of the contract, and it shall pay the amount of 20,000 Ghana from the presence of Byung, Eul, and Byung to the bank account of Eul, and Eul shall pay it to Eul by cashier's checks.