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(영문) 인천지방법원 2016.11.23 2016가단9420
손해배상 등
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. On February 29, 200, the Defendant Vindication Fisheries Cooperatives (hereinafter “Defendant Cooperatives”) concluded a mid-to-mid-sale transaction agreement (hereinafter “instant agreement”) with the Plaintiff whereby the Plaintiff would be eligible to purchase the fishery products entrusted and sold by the Defendant Cooperatives by auction, etc., and the Plaintiff would be able to trade the purchase price of the fishery products that the Defendant Cooperatives should pay to the Defendant Cooperatives. On the same day, C (V) and D (C) were jointly and severally guaranteed by the Plaintiff for all the obligations currently and future owed to the Defendant Cooperatives.

B. At the time of the instant agreement, the intermediate transaction agreement drawn up between the parties shall contain the following contents:

Article 2 (Payment of Price) The plaintiff shall immediately pay the price for the goods knocked down.

However, in order to promote the plaintiff's smooth commercial transactions, the defendant union may delay the payment of the price for a period of not more than 15 days (including the day of sale) from the date of sale, and with respect to the payment for which the plaintiff has not passed the above grace period, the defendant union shall pay the compensation for delay in addition to the price for the goods at the rate determined by the defendant union within the scope of the interest rate

Article 3 (Security and Guarantee) Where the plaintiff intends to provide a security recognized by the defendant union in transactions with the defendant union and to trade credit in excess of the limit (basic limit) of the value of the security, he/she shall establish two joint and several sureties whose assets and credit are recognized by the defendant union.

Article 4 (Joint and Several sureties) Joint and Several sureties shall be jointly and severally liable with the plaintiff for the balance of the plaintiff's obligation incurred in the transactions in excess of the limit (basic limit) of the value of the security, and for the total amount of penalty for delay

C. The plaintiff is the defendant union as of January 6, 2004.

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