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(영문) 인천지방법원 2019.09.06 2017가합50477
대여금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the internal director of C Co., Ltd. (hereinafter “C”) who mainly engages in meat sales business, etc. used for school meal services, and the Defendant is the representative of E Co., Ltd. (hereinafter “E”) who mutually runs a livestock product brokerage business and runs a livestock product processing business, etc. as its main business.

B. The structure of livestock industry distribution business: (a) the slaughterhouse’s intermediary wholesaler purchases meat, such as cattle and pigs purchased through auction, from the primary processing company to the secondary processing company; and (b) the secondary processing company supplies them to the secondary processing company; and (c) the secondary processing company reprocessing the meat of the parts received from the primary processing company and supplies them to the schools, etc.; and (d) E constitutes the primary processing company and the secondary processing company, respectively.

C. In around 2012, the Plaintiff and the Defendant came to know of the Plaintiff in the course of supplying processed meat to C. However, in the event that the purchase price for the meat to be supplied to C falls short of the purchase price for the meat to be supplied to C, there was a fact that the Plaintiff borrowed some funds and made a monetary transaction,

In this regard, from March 16, 2012 to May 1, 2014, the Defendant borrowed total of KRW 137,400,000 from around March 16, 2012 to the Plaintiff as the purchase price for meat, and fully repaid the said money from around June 15, 2013 to May 8, 2014.

The Plaintiff and the Defendant’s business agreement 1) The Plaintiff and the Defendant received proposals from the Plaintiff that they jointly establish and operate a techto supply the meat to the school meal service, and that they jointly operate the secondary processing enterprise, group meal service business, group meal service business, group meal materials supply business, etc., along with the Plaintiff on June 17, 2013. The Plaintiff is a “F” (hereinafter referred to as “F”).

2) The agreement to establish and operate a partnership agreement (hereinafter referred to as “instant partnership agreement”).

(2) The instant trade agreement entered into between the Plaintiff and the Defendant.

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