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(영문) 대법원 1975. 10. 7. 선고 75다1487 판결
[가처분취소][집23(3)민,33;공1975.12.1.(525),8699]
Main Issues

Whether an agricultural cooperative is able to perform a similar wholesale act, such as wholesale act and consignment sale, on the audience which is brought in by general merchants in the area where the wholesale market is established.

Summary of Judgment

In light of the provisions of Article 59 of the Agricultural Cooperatives Act, Article 10 (1) of the Agricultural and Agricultural Product Quality Act, Article 9 (1) of the Enforcement Decree of the same Act and Article 10 of the same Decree, agricultural cooperatives shall be prohibited from performing wholesale acts and similar wholesale acts such as consignment sale, etc. with respect to fruits which non-members of the area where the wholesale market is established and bring into Korea by general merchants who are not goods

Applicant-Appellant

[Defendant-Appellee] Han-gu, Counsel for defendant-appellee

Respondent-Appellee

Limited Partnership Company and Interest Company

Judgment of the lower court

Gwangju High Court Decision 75Na183 delivered on July 3, 1975

Text

The appeal is dismissed.

The costs of appeal shall be assessed against the petitioner.

Reasons

We examine the grounds of appeal by the applicant's agent.

In light of the provisions of Article 59 of the Agricultural Cooperatives Act, Article 10 (1) of the Agricultural and Agricultural Products Quality and Agricultural Products Development Act, Article 9 (1), Article 10 of the Enforcement Decree of the same Decree, and Article 10 of the same Decree, etc., the applicant association shall not conduct any similar wholesale act such as wholesale act exceeding 1/5 of the total sales in the accounting year, but it shall not conduct any such act as consignment sales with respect to the audience brought by ordinary merchants. The author argues that among the non-members of the above theory, it shall be deemed that the non-members of the above non-members shall include not only the non-members of the non-members but also the merchants of the non-members, but it shall not be accepted as the independent opinion of the appellant. The court below did not err by misapprehending the legal principles or by misapprehending the legal principles.

Therefore, this appeal is dismissed as it is without merit, and the costs of appeal are assessed against the applicant. It is so decided as per Disposition by the assent of all participating judges.

Justices Yang Byung-ho (Presiding Justice)

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