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(영문) 광주고등법원 2016.11.18 2015나2415
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

1...

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are regional unions under Article 2 subparagraph 2 of the Agricultural Cooperatives Act established for the purpose of increasing the agricultural productivity of all its members and expanding markets for agricultural products produced by its members and facilitating their distribution.

An agricultural partnership A (hereinafter referred to as “A”) is a corporation that had traded rice between April 2010 and February 201 with the Plaintiff while operating B in Kim Jong-si, and that has engaged in the production, distribution, processing, and sales of agricultural products and special agricultural products in the west-gun of 2010. The agricultural partnership A (hereinafter referred to as “A”) is a corporation that entered into a contract with the Plaintiff, such as the sale of rice between April 201 and February 201.

B. On January 5, 201, the Plaintiff and the Defendant agreed to sell 120 million tons of rice in the year 2010 to the Defendant in the amount of KRW 1.29 billion, and the Plaintiff are “this case’s contract” (hereinafter referred to as “this case’s contract”) and “hulls of rice in the subject matter to be traded” (hereinafter referred to as “instant rice”).

Upon the same day, A entered into a contract with the following contents, and sent A’s representative C to the Defendant’s office with the official seal of the head of the Defendant’s association. [Agreement on Transactions of Agricultural Products (Ulles)] Article 1(Principles), Section A (Principle) (hereinafter the same shall apply).

Defendant) and B (U.S.C., hereinafter the same shall apply);

In selling rice, the Plaintiff is, in principle, applicable to Party A and Party B’s agricultural products transaction. The rice of Party A and Party B’s 40GG 43,000,000,00 per annual total purchase price as shown in the table under Article 4 (unit price) of the same volume as the table under Article 5 (unit price) of the same volume as that under Article 4 (Unit) of the same as that under Article 2 (Name), shall be deposited into the account designated by Party A, after entering into a contract, only after entering into the warehouse of Party A and passing through the inspection certificate, for which Party A’s 30,000,000,000 per annual total purchase price for the same as the table under Article 5 (unit price) of the same volume as that under Article 5 (Unit) of the same volume.

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