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(영문) 청주지방법원 2021.02.18 2019나17646
청구이의
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an agricultural cooperative under the Agricultural Cooperatives Act established with the aim of enhancing the agricultural productivity of its members, promoting the expansion and facilitation of the distribution of agricultural products produced by its members, and enhancing the economic, social and cultural status of its members by providing technical funds, materials, and information necessary for its members. The Plaintiff was in office as the head of the Defendant’s association from around 2006 to March 20, 2015.

B. From around 1994, the Defendant has been running the business of purchasing and selling eco-friendly special microfabs ( Black U.S.) and special microfabs produced by the non-public-public farmers (hereinafter “instant business”). The Defendant established the instant business plan every year, entered into an agreement with the farmers, etc., setting the purchase price, contract area, agreed quantity, etc. in advance, and purchased and sold harvested materials from the farmers, etc. under its control.

(c)

The Defendant entered into a contract cultivation agreement on June 2014 for the business year 2014, and entered into a purchase agreement on November 2014 with the farmer, etc. to which he/she belongs. As a result of the increase in the production of agricultural products in that year, the Defendant purchased black U.S. and U.S. 23.4 billion won exceeding 15.5 billion won in the annual business plan and the annual budget, and among them purchased from the non-public local farmers, the black U.S. 3353 tons (purchase price of 5.498 billion won).

(d)

However, due to the increase in black U.S. production throughout the country, the Defendant failed to reach an agreement on the sales unit price with D Farming Cooperatives, which was a distributor that had been traded prior to this year, and held in stock without selling black scam. However, from April 15, 2015 to April 15, 2015, 527 tons of black 3,353 tons purchased from the region outside the country.

8. Until December 28, 2000 won was incurred by selling 90 million won lower than the purchase price, and thereafter the loss was incurred by the purchaser.

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