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(영문) 대전지방법원홍성지원 2013.11.07 2013가합871
손해배상(기)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 988,866,052 and KRW 950,659,60 among them, from June 29, 2013 to November 201, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the parties, operates rice processing complexes (RPC) mainly with the main business of processing, milling, or storing grain, and the Defendant B Cooperatives (hereinafter “Defendant Cooperatives”) is a juristic person established with the main purpose of engaging in the business of supplying, processing, selling, exporting, etc. goods produced by its members. The remaining Defendants except the Defendant Cooperatives are the head of the Defendant Cooperatives Association, directors, and auditors.

B. A rice purchase agreement between the OF and the Defendant’s association 1) OF (hereinafter “OF”)

(2) In order to collect subsidies from the Defendant Cooperatives, the term “agreement for purchasing environment-friendly rice (i.e., organic rice and non-pesticide rice) produced by members of the Defendant Cooperatives between the Defendant Cooperatives and the Association on Nov. 1, 201, to purchase the eco-friendly rice (i.e., organic rice and non-pesticide rice) produced by the members of the Defendant Cooperatives and to secure markets and take over the whole rice (i.e., “the purchase agreement of this case” (i., evidence No. 2 of this case).

(2) The main contents of the purchase agreement of this case are as follows.

Article 3 (Deposit Quantity, Cost of Purchase, and Amount) The AFF will take over within the estimated quantity of 36,644 Gag (Pos/Oeb 40 kg) of the defendant's association.

Organic agricultural products: 16,875pool 】 72,00 won = 1,215,00,000 won = 19,769pool x 65,00 won = 1,284,985,00 won = within the amount allocated (purchase within the limit of the allocated amount according to the support criteria of the Central Federation).

Article 5 (Methods of Purchasing Goods) In principle, the Defendant Cooperative shall purchase the goods at the site of Plaintiff N in the revenue store designated by the OF, and shall pay all expenses, such as transportation expenses, to the Defendant Cooperative, based on the arrival of warehouse designated by the OF.

The plaintiff shall be fully responsible for the quality of cooking when he/she stores the plaintiff's storage facilities after he/she transferred to the NAF.

§ 12. (Delivery and Payment)

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