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(영문) 서울중앙지방법원 2012.03.30 2011가합40705 (1)
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that distributes freezing meat, etc.

Defendant Agricultural Cooperative Federation (hereinafter referred to as “Defendant Agricultural Cooperative Federation”) is a corporation that purchases agricultural and livestock products on behalf of the Government each year and sells them in large quantities to intermediary wholesalers, and Defendant A is an employee of Defendant Agricultural Cooperative.

B. On August 27, 2008, the Plaintiff entered into a sales contract with Defendant Agricultural Cooperative and Freeboard Co., Ltd. with the content that the Plaintiff shall take over 3,091,331 g of the total amount of freezing meat, but the final acquisition quantity shall be based on the actual inventory seal, and the purchase price shall be calculated as KRW 1,400 per 1 km (hereinafter “instant sales contract”).

C. When Defendant No. 3 entered into an entrustment contract with a warehouse operator and expressed his intent to take over the freezing meat in a freezing warehouse, Defendant No. 3 delivered the Plaintiff a freezing meat which is the object of the instant sales contract to the warehouse operator by ordering the warehouse operator to take over the freezing meat.

However, on December 5, 2008, the freezing meat, which was kept in custody, was destroyed by a fire (hereinafter “instant fire”) in the freezing warehouse located in Leecheon-si, one of the warehouses kept in freezing meat.

E. As of August 28, 2008, the Plaintiff sent to the Defendant Nonghyup Co., Ltd. an official document stating, “The following items among the freshed freshed fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh fresh, Co., Ltd., Ltd., Ltd., Ltd. (hereinafter “NAV”), August 28, 2008, the date of the transfer of shipment, and the head of the livestock industry distribution division of the Defendant Nonghyup Co., Ltd. requested the Plaintiff to transfer the fresh fresh from the original purchaser to the Republic of Korea on August 28, 2008.”

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