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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why this court shall explain each of the above parts of the reasons for the judgment of the court of first instance as to the facts of recognition and the defense prior to the merits are the same as that of each corresponding part of the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of
2. Judgment on the merits
A. The Plaintiff, as the cause of the claim, asserts that, in violation of Article 31, 32, and 42 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products”) between 2003 and 2008, the Plaintiff: (a) registered one’s own Dong C as a local distributor and received the price of goods after deducting the commission fee from the deposit account opened in the name of C by the Defendant as if the goods were sold in that name; and (b) made the Defendant again to pay the commission fee (hereinafter “the fraudulent act”) the commission fee to the Defendant for the false-listed transaction (hereinafter “the fraudulent act”), the Plaintiff sought the payment of the commission fee, 23,276,886 won and the delay damages.
B. The Plaintiff, who did not commit a tort, is qualified as an intermediary wholesaler, and was engaged in the instant false listing transaction for his own business interest by maintaining the qualification of the Plaintiff at the instant joint wholesale market for the purpose of continuing to operate his business at the instant joint wholesale market. As such, the Plaintiff is not the victim but the Defendant’s employee and the joint tortfeasor who conspired with the Defendant.
Therefore, it is reasonable to view the false listing transaction of this case is not an illegal act against the plaintiff.
(2) Even if it is assumed that the Plaintiff is not a joint tortfeasor of the instant false listing transaction, the wholesale market corporation under the Agricultural Design Act is an agricultural and fishery product in the wholesale market.