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(영문) 광주고등법원 2016.12.30 2016나12143
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On August 1, 2013, the Plaintiff entered into a contract with B Incorporated Company B (the Co-Defendant of the first instance trial; hereinafter “B”), Defendant D, and C (where collectively referred to as “B, etc.”), to purchase miscellaneous grain as follows (hereinafter “each prior contract”) (hereinafter “each prior contract”) 1 B and 12,000 g 12,000 g 12,000 g 600,0000,000 C on January 13, 2014, and 75,000 g 4,000 g 75,000 g g 4,000,000,000 g 30,000 g g 30,000,0003 DD 203,50 g 15,700,000 g 10,000

B. On August 2, 2013, the Plaintiff paid KRW 600,000,000 to Defendant D, on November 21, 2013, and KRW 189,00,000 to Defendant C on January 15, 2014, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3, 4, 5, 9 through 13, 16, 17, 18, and 20, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is: (a) 1 B/L unit price (won) for sales in the pre-contractor’s contract date; (b) 50,000kg 12,420kg 621,00,000 on August 1, 13, 2014; (c) 2 C/C 75,000 g KRW 4,060 on January 13, 2014; (d) 304,50,000 3 DD 8,335 kilograms 3,200 on November 20, 2013; and (e) 15,750 kilograms that the Plaintiff purchased from Defendant D.

12,000 10,008,000 1) The Plaintiff took over the instant legal proceedings on June 16, 2016, when the Plaintiff was merged with Defendant FF Agricultural Cooperative on April 1, 2016, and Defendant FF Agricultural Cooperative comprehensively succeeded to the rights and obligations of Defendant FF Agricultural Cooperative upon the merger with Defendant FF Agricultural Cooperative after the closure of pleadings in the first instance trial.

“Defendant Association” without asking before and after the merger.

(2) The Defendant Union confirmed that the Plaintiff was miscellaneous in the following table, around the date of each contract indicated in the above table. The Plaintiff entered into a contract with B, etc. to sell the same as the following table. The Plaintiff’s total amount of KRW 1,000,000 (B) + KRW 300,000,000 (C) + KRW 1,000,000 (C) + KRW 100,008,000 (D Plaintiff).

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