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(영문) 대구고등법원 2015.07.21 2014나3734
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person engaged in agricultural product distribution business, such as drilling and math, with the trade name of “C,” and the Defendant is a person engaged in warehouse business with the trade name of “D.” 2) E agricultural partnership (hereinafter “E”) is a corporation that is engaged in agricultural product distribution business like the Plaintiff.

3) G is also a person who introduced the trade of Mayman to E, or manages a deposit passbook in the name of E, and conducts affairs such as conclusion of a sales contract, payment of the price, and storage and release of Mayman on behalf of E. B. (1) The Plaintiff decided to purchase Jeju Myman through G, and deposited the total amount of KRW 960 million into an account in the name of E, from May 29, 2012 to June 7, 2012.

2) G around that time, as the amount of KRW 620 million out of the above money was KRW 620,000,000,000, NFFC (hereinafter “YFFC

(3) On June 15, 2012, 201, 10, 200, 200, 200, 200,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 1,47,62,35,840 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000,00 won, and 1,47,67,62,352, and 359 won, in which the sales subject matter of the above sales contract was changed on December 17, 2012.

(2) In total, E paid the full amount of the purchase price from June 3, 2012 to December 31, 2012, and 340 million won (i.e., KRW 960 million deposited by the Plaintiff) (i., KRW 960 million deposited by the Plaintiff - KRW 620 million, which is equivalent to the Plaintiff’s paid amount of Mar. 1, 2012.

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