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(영문) 제주지방법원 2015.06.11 2014가합2460
물품대금
Text

1. Defendant B’s agricultural partnership, C, D, E, and F are jointly and severally liable to the Plaintiff for KRW 167,00,000,000 and the same from July 1, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a merchant who collects and sells agricultural products under the trade name of “H,” and Defendant B farming association (hereinafter “Defendant B farming association”) is an incorporated farming association established pursuant to Article 16(1) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”) for the purpose of conducting the business of collectively cultivating and managing agricultural, fishery, and forest products as a proxy, and Defendant C, D, E, and F are members of the Defendant farming association.

B. On September 10, 2013, the Plaintiff: (a) determined the amount of KRW 200,000 (each of 40km) to the Defendant farming association corporation as KRW 267,00,000; and (b) received KRW 100,000 from the Defendant farming association corporation as the advance payment for goods on the same day.

C. Although the Plaintiff delivered the above 200 captain, the Defendant farming association did not pay KRW 167 million for the remainder of the goods. Defendant C, the actual representative of the Plaintiff’s members of the Defendant farming association, signed a “written rejection of performance of prohibition” (hereinafter “written rejection of performance of this case”) with the purport that the Plaintiff will pay the said KRW 167 million to the Plaintiff by June 30, 2014, on January 28, 2014.

On the other hand, on January 2, 2014, the provisional registration of the right to claim the transfer of ownership on the claim stated in the attached list No. 1, which was owned by Defendant D, was completed on December 30, 2013 in the future of Defendant G, based on the pre-sale agreement as of December 30, 2013, and the provisional registration of the right to claim the transfer of ownership was completed on January 14, 2014 in the future of Defendant G on January 7, 2014.

On January 2, 2014, the registration of transfer of ownership in the claim stated in the attached list No. 2, which was owned by the defendant farming association corporation, was completed on December 30, 2013 in the name of the defendant G on the ground of the sale contract as of December 30, 2013.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. The defendant farming association corporation, C, D, and.

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