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(영문) 대전고등법원(청주) 2013.07.16 2012나2225
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. A. Around January 2003, the Defendant, a corporation operating a sales business of agricultural products, entered into an agreement on credit transactions with the Chang Chang Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) and KRW 150 million with the domestic agricultural cooperative (hereinafter “the domestic agricultural cooperative”) on July 10, 2007, respectively, to supply rice on credit.

B. On July 28, 2008, the Plaintiff was incorporated by joint investment of the agricultural cooperatives, including Chang Chang National Agricultural Co., Ltd., and the Plaintiff succeeded to the status of the parties to each credit transaction agreement (hereinafter “existing credit transaction agreement”) and supplied rice to the Defendant within the limit of 200 million won (=150 million won).

C. B, while serving as the head of the Defendant’s grain team from June 2009 to January 201, 201, supplied rice from the first policeman of January 201 to the Plaintiff and sold rice to C (hereinafter “C”).

On the other hand, upon the Defendant’s request from the head of the grain team B, the volume of credit traded with the Defendant increased significantly as the volume of direct rice supply to C, etc., and around March 22, 2010, transaction under the existing credit transaction agreement exceeds KRW 200 million, the Plaintiff demanded B to increase the credit transaction limit.

B signed a credit transaction agreement on May 31, 2010 (hereinafter “the instant credit transaction agreement”, and “the instant credit transaction agreement”) with the purport that “the Defendant is supplied rice with 500 million won as credit by means of the transaction from the Plaintiff,” and signed and sealed the Defendant’s seal impression on the side of the Defendant’s name. Some of the written agreement is as follows.

Article 5 (Period of Foreign Contract) The period of credit supply shall be within 60 days from the date of examining the defendant's goods, and the period of credit supply shall be 45 days during which the defendant's goods are inspected.

Article 7 (Presentation of Employee Quota) The defendant shall make agricultural products transactions with the plaintiff.

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