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(영문) 대구지방법원 안동지원 2018.07.12 2018가합3264
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a non-profit corporation with the purpose of improving the agricultural productivity of its members, expanding markets for agricultural products produced by its members and facilitating their distribution, and enhancing its membership status. D served as an employee in charge of selling the Plaintiff’s agricultural products from February 2, 2012 to April 2015. 2) Defendant farming association B (hereinafter “Defendant B”) is an agricultural partnership established for the purpose of agricultural management and incidental business, and agricultural products distribution business, and Defendant C is the representative director of Defendant B.

B. The Plaintiff and Defendant B entered into a swimming supply contract 1) The Plaintiff from around 2009 to the Eart. Abrin Agricultural Cooperative (hereinafter “Haan Agricultural Cooperative”), which had been the supply of swimming bars to the Eart, around March 2014.

(2) Upon the Plaintiff’s failure to supply water stuff, the Plaintiff and the Defendant agreed to supply water stuffs on behalf of the Hauri Agricultural Co., Ltd. (2) on April 17, 2014 through May 6, 2014 to the Plaintiff from April 17, 2014 to May 6, 2014 under the instant contract, approximately 50 to 60 plastic houses located in the Sungsan-gu, Changwon-si, Changwon-si. However, the Plaintiff and the Defendant agreed to sell all the water stuffs cultivated in approximately 50 to 60 plastic houses to the Plaintiff as the subject matter of the instant contract, comprehensively taking account of the entries in the evidence No. 8, and the purport of the entire pleadings in the witness D’s testimony.

The contract was concluded to sell 30,000 gamblings cultivated in the instant case (hereinafter “instant contract”) at KRW 12,000 per 1 boxbling (hereinafter “instant contract”).

The Plaintiff and Defendant B agreed to the terms and conditions of the instant contract that the Plaintiff is liable for 100% of the instant swimming pool and Defendant B is liable for the instant swimming pool in the event of impossibility of sale despite their efforts to do so.

3 The Plaintiff’s money for the instant hand-off as Defendant B, April 17, 2014, KRW 240,000,000, and April 1, 2014.

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