(영문) 광주지방법원 2015.01.07 2014나5612 | 리걸엔진

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(영문) 광주지방법원 2015.01.07 2014나5612

보증금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the distribution business of livestock by-products (cops, internal organs, etc.). A (hereinafter “A”), a stock company, etc., is a company that slaughters the raw pigs, and the Defendant supplied the raw pigs from livestock farmers, and requested a livestock farmer to slaughter and sold the raw meat and by-products for slaughter.

B. From May 16, 201 to July 2011, the Plaintiff was supplied with by-products from the raw money, which was requested to be slaughtered, to A. The Plaintiff: (a) when D was no longer able to supply the raw money to A, then D was supplied with by-products from the raw money supplied by the Defendant to A from November 22, 201 to April 20, 201; and (b) transferred the amount by-products to the Defendant’s account from November 22, 2011 to April 20, 2013.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into a contract for the supply of by-products with the Defendant, and set off KRW 100 million against the Defendant’s credit for slaughter expenses at KRW 100 million against the Defendant’s KRW 100 million against the Defendant, in lieu of the Plaintiff’s payment of KRW 100 million to the Defendant. Since the contract for the supply of by-products terminated, the Defendant is obligated to return the deposit to the Plaintiff.

B. The defendant did not conclude a by-products supply contract with the plaintiff.

The Plaintiff entered into a contract with E Farming Association (former title: F Farming Association; hereinafter the same shall apply) and was supplied by by-products from the said Agricultural Association. A agreed to offset the amount of deposit against the Plaintiff with the credit for slaughter expenses for the instant Agricultural Association, which is not the Defendant. Therefore, the instant Agricultural Association, which is not the Defendant, shall return the deposit amount of KRW 100 million, to the Plaintiff.

3. Determination

A. The party to the contract is who is the party to the contract where the Plaintiff and the Defendant concluded the by-products supply contract.

유사 판례

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