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(영문) 서울고등법원 2016.01.14 2015나7338
매매대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On December 2012, 2012, the Defendant concluded a memorandum of understanding between the Defendant and C Agricultural Partnership (hereinafter “C”) and the Defendant intended to carry out agricultural products distribution business after completing the Agricultural Products Distribution Center. C Agricultural Partnership Corporation (hereinafter “C Corporation”).

D Co., Ltd. (hereinafter “D”) from around 2011

A) A business entity that supplied a certain reduction of its capital, etc. to the Defendant around the beginning of 2013, and around the beginning of 2013, the Defendant secured originals by concluding a contract between the agricultural cooperative and the agricultural cooperative system having jurisdiction over the capital reduction area, and C corporation is in charge of leading management of the capital reduction, etc. purchased by the Defendant, while allowing the Defendant to enter into a supply contract with D, etc. in a transaction relationship with C corporation (hereinafter “instant business”).

2) On January 21, 2013, the Defendant held a board of directors on January 18, 2013, and passed a resolution with the consent of all the 11 members of the board of directors on the agenda relating to the conclusion of a memorandum of understanding for the instant project. On January 21, 2013, the Defendant prepared a memorandum of understanding (Evidence 3-3) with C corporation as follows:

(hereinafter referred to as the “instant MOU”). The purpose of this MOU is to promote mutual common interests arising from agricultural products distribution business by providing for the overall management of sales business based on the entire agricultural products distribution business of the Defendant and C Corporation, the Defendant, and B: the purpose of this MOU, Article 1(Purpose) of the C Corporation, as the purpose of this MOU, is to promote mutual common interests arising from the agricultural products distribution business by providing Party A with a mountainous district contract and the overall management of agricultural products distribution business.

Article 3 (Method of Promotion of Exchange and Cooperation)

1. A shall cooperate B in securing originals through the conclusion of a transaction agreement between the places necessary for agricultural product distribution business and the agricultural cooperative systems.

2. B shall provide Party A with raw materials and treatment technology necessary for carrying out agricultural product distribution projects.

Article 11 (Matters of Special Agreement) Matters other than those mentioned above shall be prescribed by special agreement after consultation with Gap and Eul, and matters of special agreement shall be prescribed by the main sentence.

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