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(영문) 대구지방법원안동지원 2019.04.11 2018가합3189
취거 등 청구의 소
Text

1. The plaintiff's primary defendant and the conjunctive defendants' claims are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff is a non-profit incorporated association established to efficiently operate rice processing complex (RPC and RPx) and grain storage business, promote exchange and cooperation among its members, and contribute to national food policies. (2) B is a member of the Plaintiff, who is a member of the Plaintiff, and operates grain storage business in the form of a large tower (hereinafter “instant processing site”).

B. B and E organization’s 2016 storage consignment contract 1) B on behalf of the Government around October 2016 (hereinafter “E organization”) is an E organization on behalf of the Government (hereinafter “E organization”).

(B) The term “this case’s storage contract” refers to a contract with the effect that “B shall keep rice in 2016, at the storage space designated by the Government among the instant processing plants, which shall be directly taken over by B from January to March 2017, and, if B does not take over, it shall be taken over by the Government” (hereinafter “instant storage contract”).

The part relating to the instant case in the custody agreement is as follows. Article 8 (Keeping and Management) ① (B) (hereinafter referred to as “B”);

hereinafter the same shall apply.

(2) B shall safely keep and manage public-stocked rice, separated from self-refited rice, and after purchase, Party A (the head of the Gyeongbuk regional headquarters on behalf of the Government) (the head of the E-organization Gyeongbuk regional headquarters on behalf of the Government) after receipt;

hereinafter the same shall apply.

(3) A shall pay the storage fees to B from the end of the purchase until the end of the sale (including delivery to the Government) and within the time limit for acceptance, even though B has decided to accept the rice, in accordance with the governmental policy, although A has decided to do so.

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