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(영문) 창원지방법원 진주지원 2018.02.08 2017가합10681
손해배상(기)
Text

1. Defendant B’s KRW 471,379,070 for the Plaintiff and the following: 5.5% per annum from September 24, 2014 to February 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a regional agricultural cooperative established under the Agricultural Cooperatives Act with the aim of enhancing agricultural productivity, promoting the expansion of markets for agricultural products produced by its members and the facilitation of their distribution, and increasing the economic, social, and cultural status of its members by providing technology, funds, information, etc. required by its members.

B. In around 2014, the Plaintiff entered into a credit transaction agreement with a food material distributor instead of having the Plaintiff engage in real transactions with the aim of increasing the performance of the agricultural economic business, and then directly purchasing and selling agricultural products by the relevant distributor; however, as if the Plaintiff purchased agricultural products at the purchase price, he/she purchased and sold agricultural products to the relevant distributor; then, as if he/she again sold the agricultural products at the purchase price, he/she would directly settle the purchase price with the purchaser designated by the relevant distributor; and the relevant distributor traded by means of a credit transaction agreement whereby the Plaintiff would pay the purchase price to the Plaintiff. The following transaction is part of the transaction under the above credit transaction agreement.

(B) The Plaintiff, on March 14, 2014, is the Plaintiff, as the Plaintiff, a food material distributor (hereinafter referred to as “foreign company 1”) under each of the following credit transaction agreements:

Between B and B, the Plaintiff entered into a credit transaction agreement with Nonparty Company 1 to supply agricultural products to Nonparty Company 1 within the limit of 1.1 billion won, and around that time, the maximum amount of the maximum amount of the debt shall be KRW 1.51 billion with respect to land other than 6463m2 in Jin-si E in order to secure the above credit payment claim.

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