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(영문) 광주고등법원 2018.08.17 2016나12150
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

1) Defendant B’s 459,800,960 won among the Plaintiff (109,912.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is citing the same as the reasoning of the judgment of the court of first instance, except for a new or additional part as follows.

(However, except for the portion of claims against Codefendant C, D, and E in the first instance trial, Defendant C, D, and E, “Defendant C, D, and E,” are “Codefendant C, D, and E,” “C, and “G,” and Defendant B, as the Plaintiff’s representative director, and Defendant C, Codefendant C, D, and E, the object of the transaction, are stored in a warehouse, without verifying whether the object was actually stored in the warehouse, even if it was easily known that the object was stored in the warehouse.

() The Plaintiff paid the price of the goods at the end of the ground. However, according to the Plaintiff’s advance payment, the Plaintiff was not supplied with the pertinent goods. Accordingly, according to the Plaintiff’s 8 and 9 transaction, and the Plaintiff’s 36 through 45, 50 through 54, 73, Eul’s 3, 6, Eul’s 1, 4, and 14 (including the serial number; hereinafter the same), and the fact-finding results and the entire purport of the pleadings, the following facts are acknowledged.

① A certificate of storage and a certificate of custody issued in the name of the Gunnam Agricultural Cooperative, the Dasan Environment-Friendly Agricultural Cooperative, the purport that the rice ordered by the Plaintiff through the pre-payment of the price of the goods to the natural love, G, and the end of the land and the rice transaction in the 11 transactions are stored in the warehouses of the Gunnam Agricultural Cooperative, the Gunnam Agricultural Cooperative, and the Daung Environment-Friendly Agricultural Cooperative

② Defendant B received a report from the co-defendant C (hereinafter referred to as “C”) who is a working-level employee, and the certificate of the above entry.

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