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Reasons
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(영문) 광주고등법원 2017.09.22 2016나1228
물품대금 등
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1. The defendant's appeal is dismissed.

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

3. The list of persons to be selected for judgments of the court of first instance;

Reasons

1. Basic facts

A. The plaintiff (designated parties; hereinafter "the plaintiff et al.") and the designated parties (hereinafter "the plaintiff et al.") were members of the "D Research Council" as an organization conducting research on income promotion through the cultivation of rice and barley, and the defendant was the director general of the incorporated association B (the representative BO; hereinafter "the plaintiff et al.").

B. On December 20, 201, the Defendant entered into an agreement with the D Research Council (the president E) on the tobacco test cultivation (hereinafter “instant agreement”) on December 20, 201, under the name of the D Research Council, and concluded a contract with the D Research Council (hereinafter “instant supply agreement”). On the same day, the D Research Council (hereinafter “the instant agreement”) entered into a contract with the effect that the instant academic society supplies the seeds of the rice of the Japanese Republic of Korea (hereinafter “the instant supply agreement”).

At the time of the instant agreement and the supply contract, the Defendant issued the letter of delegation, certificate of seal impression, etc. of the instant academic conference.

C. On December 30, 2011, the Plaintiff et al. deposited KRW 167,062,50 (the money created by the Appointed A, the Plaintiffs, and the remaining designated parties by investing KRW 2,738,00 each of them as a seed price under the instant supply contract) into the school account of the instant case.

Plaintiff

Until May 4, 2012, the seed supply deadline (the original supply deadline was until March 31, 2012, but was postponed three times) was not supplied with seeds. On May 7, 2012, the instant academic council notified the termination of the instant contract to the instant academic council.

E. The Defendant was sentenced to imprisonment with prison labor and six months on March 31, 2017 in the Jeonju District Court 2014 Gohap213, etc. (hereinafter “related criminal case”).

In this regard, the defendant appealed to Gwangju High Court (Seoul High Court) 2017No61, but was sentenced to the dismissal of appeal on August 8, 2017, and currently appealed to Supreme Court 2017Do1308.

[Reasons for Recognition] Unsatisfy, substantial facts on party members, Gap 1 to 8, and the same.

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