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(영문) 서울고등법원 2016.09.01 2015나2052785
선입금반환
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

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing and processing agricultural, fishery, and livestock products, and wholesale, retail, and sales business of agricultural, fishery, and livestock products, and the Plaintiff is a stock company B (hereinafter “B”).

(2) The Defendant is a livestock cooperative established with the aim of improving the productivity of livestock industry of its members, promoting the expansion of markets and the facilitation of distribution of livestock products produced by its members, and enhancing the economic, social, and cultural status of its members by providing them with technologies, funds, materials, information, etc. required by its members.

B. 1) As between May 2013, the Plaintiff: (a) between B and B, the Plaintiff: (b) provided funds to B; (c) then, the Plaintiff purchased Chinese milk with the said funds from the said funds; and (d) sold the Korean milk purchased from the YF to the YF joint markets, etc. in order to sell it through a cooperative organization, such as the Agricultural Cooperative or the Agricultural Cooperative Co., Ltd.; and (c) the listed business in the way of B (hereinafter “instant business”).

(2) The Plaintiff and B provided funds to the Plaintiff through the mode of passing through the Defendant, and the Plaintiff and the Plaintiff and the Plaintiff planned to re-transfer the listed amount that the Defendant received from the joint wholesale market to the Plaintiff, after listing the Korea Stock Exchange in the name of the Defendant. (2) The Plaintiff, E and B’s representative director, who are the Plaintiff’s employees, sought G from the Defendant’s manager, who is the Defendant’s manager, to explain the instant project and explain it to the Defendant’s manager, instead of paying certain fees, in order to have the system shipment type.

G accepts the above request of the Plaintiff and B.

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