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(영문) 청주지방법원 2012.08.22 2011가합6677
물품대금
Text

1. The Defendant’s KRW 199,244,400 as well as 5% per annum from January 1, 2011 to August 22, 2012 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around January 2003, the Defendant, a corporation operating a sales business of agricultural products, entered into a credit transaction agreement with Chang Chang Agricultural Cooperatives (hereinafter referred to as the “Seoul Agricultural Cooperatives”), which deals respectively with KRW 150,000,000 with the domestic agricultural cooperatives (hereinafter referred to as the “domestic agricultural cooperatives”) and KRW 50,000,000 with the domestic agricultural cooperatives on July 10, 2007, to supply rice as credit.

B. On July 28, 2008, agricultural cooperatives, including Chang Chang National Agricultural Cooperatives and inland Agricultural Cooperatives, jointly invested and incorporated the Plaintiff, and the Plaintiff succeeded to the status of the parties to each credit transaction agreement and supplied rice to the Defendant within the limit of 200,000,000 won (i.e., 150,000,000 won).

C. B, while serving as the head of the Defendant’s grain team from June 2009 to January 201, 201, prepared a credit transaction agreement on May 31, 2010 with the purport that the Defendant traded KRW 500,000,000 from the Plaintiff and supplied rice on credit (hereinafter “instant agreement”) and affixed the Defendant’s seal impression on the Defendant’s name and affixed the Defendant’s seal impression on the Defendant’s name. Some of the agreement is as follows.

Article 5 (Period of Foreign Contract) The period of credit supply shall be within 60 days from the date of examining the defendant's goods, and the period of credit supply shall be 45 days during which the defendant's goods are inspected.

Article 7 (Presentation of Employee List) The defendant shall submit to the plaintiff a certificate of seal impression to be used for extra-agricultural transactions with the plaintiff simultaneously with the preparation of a letter of agreement.

On August 11, 2011, the Plaintiff and the Defendant calculated the details of the outstanding amount from credit transactions up to the time as of December 31, 2010, and settled the outstanding amount within the existing limit of KRW 200,000,000, and determined that the outstanding amount generated under the instant agreement is KRW 498,111,00 (hereinafter “the outstanding amount”).

E. The amount receivable of the instant case from March 2010 to C (hereinafter “C”) is the price for rice supplied by the Plaintiff to C, etc. from March 2010.

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