백미대금 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a non-profit corporation established to engage in a business such as joint purchase of goods for its members and joint sale of agricultural products.
Defendant Company is a company engaged in the business of manufacturing and distributing agricultural and fishery products. Defendant B is the trade name of “D”, Defendant C is the nominal owner of each trade registration certificate of “A”.
E is the auditor of the defendant company and the husband of the defendant C, and is the actual operator of the defendant company D.
B. From around November 2009, the Plaintiff purchased from the granted farmers to E and supplied the Doed rice, and around November 2009, entered into a credit transaction agreement with E with the Korea Land Trust Agreement of KRW 1 billion as collateral for the beneficial rights certificate issued in the land trust.
Since May 2010, when the credit limit was exceeded, F, a person in charge of rice sales, demanded additional collateral to continue rice transactions to E. On August 17, 2010, E, a person in charge of the sale of rice, made a letter of credit transaction agreement between F and F, with D, with the certificate of beneficial interest of KRW 1.45 billion issued in the land trust in Korea, as collateral, between F and F, with D, with the amount of KRW 1.45 billion issued in the land trust (re-agreement amounting to KRW 500 million on June 2012) and 80 million limit (re-agreement amounting to KRW 500 million). One of the certificates of beneficial interest (debtor: Defendant B, truster, and Defendant Company) issued by the first trust as collateral D, respectively, and written a written credit transaction agreement of KRW 500 million with the Plaintiff as collateral.
E lent the name of the Defendant Company to the F on November 2, 2010, set up a letter of interest of KRW 3 billion (debtor: Defendant Company, Truster: Defendant C) in the name of the Defendant Company as collateral with the certificate of interest of KRW 3 billion issued in one set of trust between F on November 2, 2010.
(hereinafter referred to as “each credit transaction agreement of this case” in addition to the credit transaction agreements in the name of the Defendant Company and D.
F was actually supplied rice to E while managing the name of the business partner in the name of the Defendant Company or D, and the transaction amount was also remitted in the name of E.
On November 2012, the auditor shall be the auditor in the process of audit by the NAF.