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(영문) 서울고등법원 2015.12.03 2014나45425
양수금
Text

1. The part of the claim against the plaintiff in the application for intervention by the independent party intervenor at the trial shall be dismissed, and the defendant shall be the defendant.

Reasons

The main lawsuit and the lawsuit of independent party intervention shall be judged together.

1. Basic facts

A. The status B of the parties is an agricultural company that mainly focuses on the wholesale and retail of agricultural, fishery, and livestock products, and C is the representative director of B, and the defendant is a corporation that aims to contribute to the promotion of the welfare of both-employed citizens through the distribution of agricultural products established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Local Public Enterprises

B. On April 6, 201, the Defendant entered into a supply contract for agricultural, fishery, and livestock products (hereinafter “instant supply contract”) with D (hereinafter “D”) on April 6, 201. ② Around that time, B entered into a supply contract for agricultural, fishery, and livestock products (hereinafter “instant supply contract”) with B to pay some of the difference between the supply price and the purchase price of agricultural, fishery, and livestock products supplied to D after about 40 days from the supply agency date of the instant goods supply contract.

C. B’s claim 1) B against the Defendant: (a) from April 201 to August 2011, 201, under the instant supply agency contract, the Defendant acting for and supplied agricultural, fishery, and livestock products to D; (b) the supply agency fee was paid from the Defendant who received the supply price from D to July 2011; (c) the supply agency fee was paid from the Defendant, who received the supply price from D, to the supply agency fee was paid from April 201, 201; and (d) the delivery agency fee was KRW 245,749,000 (hereinafter “instant agency fee”).

(B) B was not paid 40 days after the delivery agency date. In consideration of the Defendant’s financial situation, B withheld its claim for payment, and was issued a tax invoice of KRW 245,749,000 on December 2, 201, as listed below No. 5, and claimed for the payment of the instant agency fee to the Defendant. B (i) The supply of general agricultural products between October 31, 201 and April 30, 201 to the Defendant and immediately receive the payment, as follows.

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