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(영문) 청주지방법원 2019.05.15 2019나11402
변상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The Plaintiff is a regional DDR established for the purpose of enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and the activation of distribution sources, and enhancing the economic, social, and cultural status of its members by providing technology, funds, materials, information, etc. required by its members. The Defendant is a person retired on December 31, 2016 while serving as the Plaintiff’s regular executive officer in charge of economic overall and agricultural guidance.

From around 1994, the Plaintiff was engaged in the purchase and sale business (hereinafter “instant business”). The Plaintiff established a business plan of the instant business through the resolution of the first board of directors each year, and entered into a “contract cultivation contract” with the farmer, etc. who belongs to the farm, etc., setting purchase price (the purchase price shall be determined annually through consultation with the board of directors), contract area, agreed quantity, etc. before harvest, and purchased and sold harvested material from the farmer, etc. under its control.

The Plaintiff purchased 4,601,637,00 won in black 2,826 tons in excess of the annual business plan formulated by a farmer, etc. in 2014, based on the purchase price determined in advance. After requesting sale to EAF, the Plaintiff sold black 4,098,422,000 won due to a decline in the price due to black fluoral, increase in import miscellaneous, etc., and suffered a loss equivalent to 503,215,000 won in black fluoral.

On February 22, 2017, the Plaintiff: (a) held a personnel committee to compensate for the amount of KRW 150,966,00 reduced by 70 per cent from the amount of loss on the ground that H is responsible for the foregoing loss as above loss; (b) held that the Plaintiff is responsible for compensating for the amount of KRW 150,96,00 reduced by 70 per cent from the amount of loss (the FF of a cooperative and the regular director: the Defendant: each of the 52,838,000 won; (c) 30,193,000 won in total; and (d) H: 15,097,000 won in total; and (e) held that the Defendant is liable for the amount of KRW 10 per commendation.

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