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(영문) 광주지방법원 2020.10.28 2020나51722
기타(금전)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of part of the judgment of the court of first instance as follows. Thus, it is citing it as it is in accordance

2. Each “rice” of the second 5 lines, seven lines, and fifteen lines shall be considered as “hulled”.

Type 3

3.(a)

2) The deletion of paragraph and the dismissal in the order of the following paragraphs shall be in place. The fourth to fifth parts of the “determination of the cause of the claim” shall be as follows:

The evidence presented by the Plaintiff to determine the cause of the claim alone is insufficient to recognize that the contractual obligation under the instant contract was not fulfilled due to the Defendant’s fault, and there is no other evidence to acknowledge it.

Rather, in light of the following circumstances that can be seen by comprehensively taking into account the evidence and the purport of the entire pleadings as seen earlier, it is reasonable to deem that the Defendant did not have a duty to return to the Plaintiff the price of supplied rice equivalent to the pre-paid rice purchase price, or the price of rice purchase that the Defendant failed to purchase as a result, KRW 182 million.

Therefore, the plaintiff's primary and conjunctive arguments are without merit.

① Article 5 of the Contract for the Voluntary Processing of this case states, “The amount of payment made by the Plaintiff in advance to the Defendant is the Defendant that the Defendant purchases, processes, and supplies originals (hereinafter referred to as “hulls”). Moreover, an enterprise designated by the Plaintiff may also purchase and store rice,” and Article 11 states, “The Plaintiff shall wholly delegate the purchase of rice to the Defendant, and the Defendant shall cooperate with the Plaintiff so that the Plaintiff may also purchase rice at the time of a request for the purchase of rice.”

② In light of the contents of the above contract provisions, in principle, the Defendant is obliged to purchase rice in the amount of KRW 300 million, which he received from the Plaintiff, and then to supply it to the Plaintiff by processing it.

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