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(영문) 서울고등법원 2015.12.03 2014나2019101
매매대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The Plaintiff Company A’s preliminary 1,2, and 3 reserves added at the trial.

Reasons

Basic Facts

The reasoning of this Court concerning this part is as follows, except for the addition of the following to the six pages 6 and 22 of the judgment of the court of first instance, and is as stated in the part concerning “1. Basic Facts” of the judgment of the court of first instance. Thus, this part is cited as it is in accordance with the main sentence

Article 9 (Statement and Guarantee) ① F, the Defendant, along with the facility standards prescribed by the Ginseng Industry Act, the Food Sanitation Act and the Health Functional Foods Act, and all other necessary procedures for permission, permission, and reporting under the relevant Acts and subordinate statutes, including permission for business, reports on business, and all other necessary matters for the purchase of red ginseng products or for the secondary purchase. ② F, the Defendant, as well as the Defendant, in compliance with all necessary procedures (resolution of board of directors, etc.) in accordance with F, the Defendant’s articles of incorporation and other internal regulations for the conclusion and implementation of this contract, is consistent with F, the Defendant’s execution and implementation of this contract is consistent with F, the Defendant’s respective intended businesses, and is not in violation of the F, the Defendant’s foundation for the establishment, and other relevant provisions. ③F, if the Defendant and the Defendant violated the provisions of paragraphs (1) and (2) of this Article, shall compensate D for all damages arising therefrom.

The obligation to purchase all red ginseng products was generated.

Therefore, pursuant to Articles 5 and 7 of the above Contracts for the Sale of Red Ginseng Products, the Defendant shall notify D, etc. of the loss of the interest of D, etc. and payment of the interest or delay damages at the rate of 8% per annum from the day following the seven days after the date of the above lending contract.

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