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(영문) 부산지방법원동부지원 2016.10.06 2015가합1863
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2, 2015, the Plaintiff, a agricultural wholesale company, paid KRW 200,000,000 to the two-wave collectors B with the funds for double-wave purchase.

B. On June 8, 2015, the Plaintiff and the Defendant drafted a contract (hereinafter “instant contract”) with the content that the Plaintiff purchased both waves from the Defendant and stored in the Defendant’s warehouse.

In the course of the sale by means of a sale at a fixed price, the seller and the buyer shall enter into a sale agreement as follows:

A: Defendant Buyer (B) accepts the sale, storage, and management of the following goods owned by Plaintiff 1 (Agreement on Contracts for Sales) to B pursuant to Article 2.

(1) Items: The quantity of goods: The air conditioners of the Defendant in Yongcheon-si. (2) The area of the goods: The contracted quantity (60,000 / 20 kg, the contract quantity can be adjusted with the final storage, and the quantity passed in the examination. (4) The purchase price: The purchase price at the purchase price: The purchase price at the purchase price: the purchase price at the purchase price: the base period: the store price at the time from June 2, 2015 to June 25, 2015.

(2) The intermediate payment and remainder shall be paid within ten days after the purchase is determined and confirmed by the purchaser.

Article 5 (Matters of Special Agreement) (4) thorough temperature control during storage shall be managed to prevent the deterioration of quality by the generation and cooling of the originals.

Compensation shall be based on the average price of listed transactions in the Gam market on the date of confirmation of the occurrence.

C. On June 9, 2015, the Plaintiff paid KRW 100,000,000 to the Defendant for the two-wave trading, and on the same day, the Defendant transferred this money to B.

After that, B, up to June 16, 2015, entered 9,921 net 77 network purchased from Gyeongnam-gun in the defendant's warehouse, and delivered 77 network to the plaintiff.

[Attachment 9,844 network remaining in a warehouse (i.e., 9,921 network - 77 network)] E.m.

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