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(영문) 대전고등법원(청주) 2015.08.25 2015나305
물품대금
Text

1. Of the judgment of the court of first instance (excluding the part which became final and conclusive by a judgment of remand), the money that orders additional payment below.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff primarily claimed the outstanding amount based on the credit transaction agreement, and the conjunctively claimed the damages based on the employer’s liability. The first instance court accepted part of the conjunctive claim (199,24,400 won and damages for delay) and appealed both the Plaintiff and the Defendant (the scope of each appeal is the same as the purport of the above appeal), and the first instance court, prior to the remand, additionally accepted part of the conjunctive claim (22,200 won and damages for delay) and dismissed the Plaintiff’s remaining appeal and the Defendant’s appeal, respectively.

B. The Plaintiff filed an appeal against this, and the Defendant was considered to be subordinate to this, and the Supreme Court reversed and remanded the part against the Plaintiff in the judgment prior to the remand, and dismissed the Defendant’s supplementary appeal.

C. Therefore, since the part against the defendant in the judgment before remanding is separately determined, the scope of trial after remand is limited to the part against the plaintiff in the judgment before remanding.

2. 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 Cooperatives and the domestic agricultural cooperatives, and the Plaintiff succeeded to the status of the parties to the above 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 worked as the head of the Defendant’s grain team from June 2009 to January 201, 201. From January 201, 201, B supplied rice from the Plaintiff to C (hereinafter “C”) and sold rice to the Plaintiff.

The plaintiff is the defendant.

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