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(영문) 대구지방법원 2018.08.22 2018나3135
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 16, 2017, the Plaintiff harvested a sense of agriculture on October 16, 2017, and collected it at the agricultural product selection line operated by the Defendant for the purpose of selling after being selected by grade.

B. On the same day, the employees of the Defendant classified the ices received from the Plaintiff into Grade 1 through Grade 5, and selected them as a total of 108 boxes (Class 1 boxes, Grade 2 boxes, Grade 17 boxes, Grade 3 boxes, Grade 4 and Grade 5 boxes, Grade 5 boxes, Grade 5 boxes). Of them, the Defendant prepared a one shipment slip for the 60 boxes (Class 7 boxes, Grade 38 boxes, Grade 4 and Grade 15 boxes), and transported them to the Agricultural Cooperative Co-operation Center stationed in cargo for auction. The remaining 48 boxes (Class 1, Grade 2, Grade 10, Grade 14, Grade 4 boxes, Grade 18 boxes, Grade 5 boxes, Grade 5 boxes to other cargo joint markets, and transported them to other cargo joint markets.

C. On October 17, 2017, the Plaintiff’s share of the Plaintiff, which the Defendant transported as above, was sold through an auction procedure at the agricultural cooperative marketing center stationed in the agricultural cooperative marketing center, and the unit price and amount of the sale are as listed in the following table.

Class 60 boxes 15,90 15,90 15,900 2,12,000 784,80 15,900 12,12,000 784,90 15,900 12,12,000 386,500 14,500 14,500 14,50 14,50 14,203,000 8,000 4,8,000 8,000 120,15 120,500 189,50 3,1005,105,50 60,600,508,408,401,00 3,01,000 / [3] The purport of pleading as a whole

2. The plaintiff's assertion

A. On October 16, 2017, the Plaintiff harvested saves from the Defendant’s agricultural products so that the Plaintiff collected saves from the Defendant’s agricultural products sorting place, and the Defendant selected the saves received from the Plaintiff as the 1st to 5th class in total from the 108th class.

B. However, even though the Defendant should prepare a shipment slip for the Plaintiff’s share of the Plaintiff and sell it at the auction procedure, the Defendant’s selected 108 boxes as above are two groups.

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