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(영문) 부산지방법원 2015.07.10 2014가단70173
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion or the Defendant’s employees B sold agricultural products of an amount of KRW 47 million, which was kept by Geumdya Co., Ltd. (hereinafter “Gynynyn”) and did not pay the price to Geumdynian.

Therefore, the defendant bears the obligation of the sales price of the agricultural products of KRW 47 million or the obligation of compensation for damages due to illegal acts equivalent to the same amount as the sales price of the agricultural products.

Meanwhile, as a creditor of a sampling country, the Plaintiff was assigned the above claim against the defendant of the sampling country.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 47 million and damages for delay.

2. First of all, according to each of the following facts: (a) as alleged above by the Plaintiff, as to whether a claim against the Defendant of the sampling country exists; (b) Nos. 4, 6, and 10 (including serial numbers), each of the sample country’s agricultural products entered into the Defendant’s warehouse from August 2010 to December 2010; (c) some of the agricultural products were released to a third party, not from samples; (d) on the other hand, B, who was in charge of the Defendant’s warehouse management, sold and recovered agricultural products around July 7, 2011, intended to pay KRW 47,000,000 to the Defendant of the sampling country; (e) as to whether the sample country’s agricultural products were merely consigned to the Defendant; (e) whether the sample country’s agricultural products were sold to the Defendant; and (e) whether the collection amount was merely entrusted to the Defendant; and (e) whether the remaining amount of the sample or its sample was not deemed to have been paid to the Defendant’s respective employees and employees, including the aforementioned evidence.

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