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(영문) 광주지방법원 2016.05.12 2015가합1934

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who works to supply medicine and feed to a fish farm, and the Defendant is a person who cultivates, distributes, and sells fishery products.

B. On April 8, 2010, the Defendant entered into a management delegation agreement with the non-party Lanbya Mutual Savings Bank (hereinafter “Nana Mutual Savings Bank”) under which Boan Bank manages eight stables for the purpose of securing claims (hereinafter “instant management delegation agreement”).

C. The Plaintiff supplied drugs and feed equivalent to KRW 671,519,450 at the request of Nonparty B, who was a substantial representative and manager of the Defendant, and was managed by the Defendant according to the instant management delegation agreement, from April 29, 2010 to December 14, 2010.

On May 26, 2010, the Plaintiff heard the phrase "payment of the price for goods, such as drugs and feed," and received from Boan Bank the credit limit amount of KRW 200,000,000, credit period of May 26, 201, interest rate of KRW 14% per annum, interest rate of KRW 25% per annum, credit transaction agreement in which the amount of credit (limit) on August 12, 2010 is changed to KRW 300,000,000, and the debtor (principal) column of the additional agreement in which the amount of credit is changed to KRW 300,000,000, and signed and sealed the Plaintiff's trade name and address (hereinafter collectively referred to as "credit transaction agreement in this case"), and from May 26, 2010 to August 12, 2010, pursuant to the credit transaction agreement in this case, received KRW 293,479,709 won from the bank.

E. Meanwhile, on March 9, 201, the Plaintiff paid KRW 34,262,457 to Boan Bank according to the instant credit transaction agreement.

F. On May 24, 2011, the Plaintiff asserted that the instant credit transaction agreement was null and void as a false agreement with the Gwangju District Court Decision 2011Kahap5860, the Plaintiff sought confirmation of the absence of a loan obligation due to the false agreement and sought confirmation of the non-existence of a loan obligation. In addition, the amount of goods unpaid to the Defendant and Boan Bank is 294.