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(영문) 서울중앙지방법원 2014.05.23 2013가합21418
매매대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are financial companies specializing in credit, and the defendant is defined as the terms used in this Act under Article 2 (Definition) of the Agricultural Cooperatives Act.

1. The term "cooperative" means a local union or a cooperative by item;

3. The term "product cooperative" means a cooperative by item or by type of business established under this Act;

c. D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) are subsidiaries of F Co., Ltd. (former: G Co., Ltd.; hereinafter “F”) established with the purpose of purchasing human and red ginseng from the Defendant, and entrusting the process of purchased human and red ginseng to the Defendant, and selling processed human and red ginseng products to F.

B. Plaintiff A-related 1) D, Defendant, Plaintiff A-related corporation (hereinafter “Plaintiff A”)

(2) On February 24, 2012, D purchased human and red ginseng within the limit of 4.5 billion won within the limit of 4.5 billion won from the Defendant’s farmer or auction (hereinafter “instant sales contract for raw material”).

(2) On the same day, D, Defendant, and Plaintiff A entrusted the Defendant with the processing of human and red ginseng purchased in accordance with the First Raw Materials Sales Contract for this case, and the Defendant concluded a contract to directly supply it to F after processing it as ppuri finished products, raw material ginseng, etc. (hereinafter “red red ginseng products”).

According to Article 3 of the first processing consignment agreement of this case, the Defendant, upon obtaining approval of shipment from D, shall directly supply red ginseng products to F in accordance with the sales contract of the first product of this case. D must attach documents proving that the Defendant obtained prior approval from the Plaintiff, along with a certificate of deposit of the purchase price of red ginseng products paid by F when granting approval of the shipment of this case, attached to the Defendant. 3) Plaintiff A and D.

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