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(영문) 대구지방법원 안동지원 2018.07.12 2017가합3281
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is an agricultural partnership established for the purpose of agricultural management and incidental business, and agricultural product distribution business, and D is the Plaintiff’s representative director. 2) Defendant AF is a non-profit corporation with the purpose of improving the agricultural productivity of its members, expanding markets for agricultural products produced by its members and facilitating distribution, and enhancing the status of its members.

Defendant C served as an employee in charge of selling agricultural products from February 2012 to April 2015.

B. The Plaintiff and the Defendant Nonghyup Co., Ltd. entered into a fisheries contract 1) From 2009 to 2009, Defendant Nos. 1 and Haba Agricultural Co., Ltd. supplied water stuffs to a lot, and around March 2014, Haban Agricultural Co., Ltd. (hereinafter “Haban Agricultural Co., Ltd.”).

(2) In the event that Defendant AF could not supply water, the Plaintiff and Defendant AF entered into an agreement with the Plaintiff on April 17, 2014 through May 6, 2014 on about 50-60 greenhouse houses located in Changwon-si, Changwon-si, Busan, and the Plaintiff and Defendant AF entered into an agreement with the Plaintiff on April 17, 2014 as the subject matter of the instant agreement, taking full account of the witness F’s testimony and the entire purport of the pleadings as a result of partial personal examination against Defendant C, the Plaintiff and Defendant AF entered the entire number of houses cultivated in approximately 50-60 greenhouse houses from 50 to 60 greenhouse houses as the subject matter of the instant agreement.

The contract was concluded to sell 30,000 gamblings cultivated in the instant case (hereinafter “instant contract”) at KRW 12,000 per 1 boxbling (hereinafter “instant contract”).

As the terms of the contract of this case, the Plaintiff and the Defendant AF agreed to the effect that “Defendant AF shall be liable for 100% of the instant swimming, and the Plaintiff shall be liable if the sale is impossible even though it has made efforts to the instant swimming pool.”

3 Defendant B shall be the proceeds of the instant flooding.

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