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(영문) 전주지방법원 2018.12.12 2016가합1112
매매대금반환
Text

1. The defendant,

A. The Plaintiff A’s agricultural partnership jointly and severally with D KRW 322,020,000 and its amount shall be from May 27, 2015.

Reasons

1. The Plaintiffs are agricultural partnership corporations established with the aim of increasing the farm income through the joint shipment, processing, export, etc. of agricultural products by local farmers.

The defendant is an E-cooperative that operates business related to economic activities of its members, such as purchasing agricultural and living materials, selling produced agricultural products, and raising necessary funds.

Plaintiff

A A A A A A A A A’s representative G entered into a contract on January 2015, 2014 50 tons of a mixture of rice (dried rice) in 1,300 won per Kg (52,00 won/40km) for sale to F Company. A’s representative, the director of Plaintiff A, who was the representative of the F Company, entered into a contract on the sale and purchase of rice from the Defendant (hereinafter “instant contract”) to purchase general rice from the Defendant on March 25, 2015, with D’s introduction, which was the agent of the F Company, entered into a contract on the sale and purchase of rice (hereinafter “instant contract”), and D signed and sealed as a joint and several surety under the said contract.

The main contents of the first contract shall be as follows:

A contract for the transfer of the 2014 mountain valleys between the Defendant (hereinafter “A”), F company (hereinafter “B”), and Plaintiff A (hereinafter “A”), to enter into a contract for the transfer of the 2014 mountain valleys, as follows:

Section 1 (Purpose of this Agreement) This Agreement agrees to the matters necessary for the purchase and sale of the rice in its possession by Byung in accordance with the contract under which Gap and Eul are the general rice in their possession (A, attachment of the contract) and the rice sold by Eul to Eul.

Article 2 (Drainsan, Product Name, Quantities, Quantities, Quantities, etc.) The amount of tobacco of general rice shall be as follows:

4) Quantity: 1,00,000 g (25,000 Ma/40 g) date: 6) freight/delivery on April 10, 2015 to May 25, 2015: A shall comply with the request of Byung for delivery, and if there are special matters, Byung shall consult with Byung, and the dispatch shall be Byung. Article 3 (Contract Deposit and Payment Amount are not down payment to guarantee the performance of the contract, and there is no down payment to guarantee the performance of the contract, Gap, and Eul shall be present at the 25.

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