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(영문) 서울동부지방법원 2015.12.24 2015가합104259
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties concerned: (a) from July 2006 to September 2008; and (b) from October 2008 to December 2012, 2012, Plaintiff Company designated each of the joint markets located in Seoul C (hereinafter “instant joint markets”) as an intermediate wholesaler and operated the intermediate wholesale business of fishery products; and (c) Plaintiff A is the representative of Plaintiff Company.

The defendant is a corporation established and operated by the Fisheries Cooperatives Act with the main purpose of education support projects, economic projects, credit projects, etc. for members and their members. It is a wholesale market corporation established and operated a joint wholesale market in this case pursuant to Article 43 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products Act”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 10, the purport of the whole pleadings

2. 관련 법령 ▣ 농안법(법률 제7311호, 시행 2005. 7. 1.) 제29조(산지유통인의 등록) ① 농수산물을 수집하여 도매시장에 출하하고자 하는 자는 농림부령 또는 해양수산부령(이후 ‘농림수산식품부령’으로 개정됨. 이하 같다)으로 정하는 바에 따라 부류별로 도매시장의 개설자에게 등록하여야 한다.

(2) No wholesale market corporation or intermediary wholesaler and any stockholder, executive or employee thereof shall conduct the business of a local distributor in the wholesale market concerned.

(3) The opener of any wholesale market shall, upon receiving an application for registration under paragraph (1), not refuse it without any justifiable grounds.

Article 31 (Principles of Entrusted Sales) (2) No intermediary wholesaler shall trade agricultural and fishery products other than those listed by a wholesale market corporation.

Provided, That the same shall not apply to agricultural and fishery products unsuitable for listing by the Ordinance of the Ministry of Agriculture and Forestry or by the Ordinance of the Ministry of Maritime Affairs and Fisheries and other similar agricultural and fishery products permitted by the opener of wholesale market.

Article 32 (Sales Method) Any wholesale market corporation shall be a wholesale market.

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