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(영문) 광주고등법원 2016.12.16 2015나14890
손해배상(기)
Text

1. All appeals of this case are dismissed.

2. The costs of appeal:

A. The Plaintiff and Defendant Sam-gu Agricultural Cooperative.

Reasons

1. Facts recognized;

A. The status of the parties (1) The Plaintiff, Defendant B, and C are corporations whose business purpose is to distribute and sell agricultural products.

(2) Defendant A serves as the representative director of Defendant C from May 23, 2013, and from February 17, 2014, Defendant A also serves as Defendant B’s director.

B. From among the miscellaneous grains stored in the Gu Forest Agricultural Cooperatives (hereinafter “Gu Forest Agricultural Cooperatives”), around May 2014 through negotiations with Defendant A, the Defendant CFF decided to purchase in sequence 484,240 g, 515,760 g, 2013, among the miscellaneous grains stored in the Gu Forest Agricultural Cooperatives (hereinafter “Gu Forest Agricultural Cooperatives”) in May 2014.

At the time, the Gu Forest Agricultural Co., Ltd. was kept in the form of a cream warehouse, a gold-sapon warehouse, a gold-saak warehouse, and a saak warehouse, etc., and Defendant A visited the Gu Forest Agricultural Co., Ltd, together with employees of the cropi, and confirmed the storage status, quality, etc. of the clim.

(2) On May 20, 2014, the Defendant Samgu Agricultural Cooperative concluded a sales contract with Defendant B and ① with the subject matter of the sale as “the domestic white paper 484,240kg, 515,760kg, 515,760kg, and ② the total purchase price of KRW 4,300,000 (the unit price of KRW 4,300,000) in 2013, which is kept by each warehouse from the Gu Forest Agricultural Cooperative.”

This sales contract provides that “Defendant B shall be responsible for all of the objects of sale from Defendant CC by November 30, 2014 and shall be responsible therefor.”

(3) On May 27, 2014, in order to implement the sales contract entered into with Defendant A, Samju Agricultural Co., Ltd. and ① concluded a sales contract with the subject matter of sale as “484,240 g, 515,760 g, and 2, the total sales amount of KRW 4,000,000 (kg unit price of KRW 4,000,000) in the Republic of Korea, which is in custody of each warehouse from the Gu Forest Agricultural Cooperative.”

In this contract, the "CF Co., Ltd." shall be responsible for all the subject matter of sale until October 31, 2014, and 4,000,000 won shall be temporary at the time of conclusion of the contract.

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