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(영문) 서울동부지방법원 2018.06.20 2016가단143216
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are intermediate wholesalers as prescribed in Article 2 subparagraph 9 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural Products Act”), which purchased agricultural products in Seoul C Wholesale Market and sell them to retail stores. The defendant is a wholesale market corporation under Article 2 subparagraph 7 of the Agricultural Products Protection Act, which is a company in charge of the vegetable auction procedure in the above wholesale market.

(b) When the agricultural products enter from the farmer who is the shipper to the C market for the movement and sale of agricultural products, the products are cut down and displayed at the auction site by the shipper, by item, by grade, number, and by number, and upon the completion of the auction, the loading and unloading union is attached to the awarded agricultural product box with the successful bid certificate stating the date, the successful bidder, etc. and then the intermediary is classified as the agricultural products awarded, and then is delivered to the shop of the relevant intermediary wholesaler for the first time.

C. The Plaintiff paid the cost of delivery upon receiving the awarded agricultural products to the Plaintiff. The sum of the cost of delivery paid from 2011 to 2015 to the loading and unloading union is KRW 255,819,99.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion that the defendant, the commission agent of the plaintiff, has the duty to transfer the right that was the object of sale to the plaintiff who is the purchaser, and the transfer of the right to movable property is the transfer of possession. Since the purchaser, who should be classified after the auction procedure is completed, acquired possession of the awarded agricultural products and fulfilled the seller's duty of delivery, the seller bears the duty of delivery. Thus, the costs necessary for the classification of the awarded agricultural products and the work at the upper

Therefore, the plaintiff is selected, ① because the plaintiff managed the defendant's business on behalf of the defendant without any duty, the defendant is obligated to reimburse the expenses that the plaintiff incurred. ② The plaintiff's obligation is erroneous as the plaintiff's obligation.

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