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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation with the purpose of agricultural product distribution business, etc., the Defendant is a person who engages in the business of selling Mady with the trade name of “C”, D is a person who carries on warehouse business with the trade name of “E”, and F is an agricultural product broker.
B. Around January 25, 2013, the Plaintiff agreed to sell Mayy with F and divide profits into F and transferred a total of KRW 700,000,000 to F from the same day to March 7, 2013 from the same day, and D kept the Plaintiff’s purchase completion in its own warehouse, and D has been jointly and severally guaranteed the Plaintiff’s sales payment obligation to the seller today. In that process, the Plaintiff, F and D had undergone various disputes, such as filing a criminal complaint or filing a civil lawsuit.
C. D purchased 191,230 g of the Spanish Republic of Korea at F’s request from the Plaintiff on August 2, 2012, when the Plaintiff kept 570,590 g of the Spanish Republic of Korea, which the Plaintiff purchased from the Gohap-dong Agricultural Cooperative (hereinafter “FF”) on the F’s own initiative, and C purchased 104,840 g of the Spanish Republic of Korea on January 14, 2013 with the money it sent by the Plaintiff, and kept 104,840 g of the Spanish Republic of Korea (hereinafter “the instant marina”), but the Plaintiff filed a civil lawsuit seeking compensation for embezzlement on April 2, 2013, D made an agreement with the Plaintiff under the following agreement with the Plaintiff 637,537,40 g of the said case (hereinafter “the following agreement with the Plaintiff 6537,531,2013”).
① The instant marina is confirmed to be owned by the Plaintiff.
(2) F shall pay to D 657,335,00 won, which has been discharged by D to Joint Agricultural Cooperatives, until April 25, 2016.
③ At present, the Plaintiff’s May, kept in D’s warehouse, still remains 390,558km, purchased from Gohap-dong Agricultural Cooperative Co., Ltd. (hereinafter “TAF”) and 390,558km.