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(영문) 광주지방법원 2016.01.08 2015가합53980
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 58,300 and its payment to the Plaintiff from September 7, 2011 to September 2016.

Reasons

1. Basic facts

A. The plaintiff is a person who performs a work to supply the feed to fish farms with the trade name of "C", and the defendant is a person who conducts the fish farming, distribution and wholesale retail of fishery products.

B. On April 8, 2010, the Defendant entered into a management delegation agreement with Boan Bank (hereinafter “instant management delegation agreement”) under which Boan Bank manages eight stables for the purpose of securing claims with Boan Bank (hereinafter “ Boan Bank”).

C. At the request of Nonparty D, who was the actual representative and manager of the Defendant, represented by the Defendant, the Plaintiff supplied a total of KRW 1,921,812,70,00 in a stable that the Defendant manages in accordance with the instant management delegation agreement from May 15, 2010 to December 14, 2010.

On July 12, 2010, the Plaintiff heard the phrase that the payment of the raw feed is a method of receiving the payment at the request of the Defendant and D, and on July 12, 2010, the Plaintiff entered the Plaintiff’s name and address in each of the debtor column of the letter of credit transaction agreement, the credit amount of which is 300,000,000 won, interest rate of which is 12% per annum, interest rate of which is 25% per annum, interest rate of which is 25% per annum, and the credit amount of which is 50,000,000 won on August 12, 2010.

(hereinafter collectively referred to as “the instant credit transaction agreement”). (e)

Boan Bank paid KRW 490,010,00 to the Plaintiff by August 23, 2010 in accordance with the instant credit transaction agreement. The loan principal was KRW 510,05,136, including interest on loan settlement and loan stamp as of November 28, 2010.

F. On May 24, 2011, the Plaintiff asserted that the instant credit transaction agreement with the Gwangju District Court 201Gahap5860 was null and void as a false conspiracy and sought confirmation of the non-existence of a loan obligation. In addition, the Plaintiff paid KRW 490,568,300 for the unpaid raw feed to the Defendant and Boan Bank.

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