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(영문) 서울중앙지방법원 2018.01.16 2016가단10153

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 28, 2014, the Plaintiff operated B points at a discount store for consumer products. On January 28, 2014, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The Plaintiff received a payment guarantee insurance policy from the Seoul Guarantee Insurance pursuant to Article 8 of the instant contract and delivered it to the Defendant.

-Contract Agreement for Goods Supply - Contract Period of Article 3: (1) This Agreement shall be for a period of three years from the date of the contract (28 January 2014);

Section 8. Security ① In order to secure all the obligations owed to a supplier’s “supplier” related to this Agreement, including the maintenance of transaction relations with a supplier and the payment of all kinds of payments under this Agreement, the purchaser shall deposit KRW 5,00,000 (5,000) with the contract performance guarantee until this contract is concluded in an account designated by the supplier.

2. The payment guarantee insurance policy under this Article may be issued and furnished to suppliers.

Article 9. Monthly Membership Fees (Co., Ltd.) shall be deposited every month in an account designated by the supplier by the tenth day of the following month as the membership fees under this Agreement.

Article 10 "Buyer" shall deposit the commodity handling fees calculated on the basis of the total supply price (hereinafter referred to as "monthly purchase price") excluding the value-added tax of the commodities the purchase of which is determined each month in return for the supply of the commodities by the supplier, into an account designated by the supplier by the 10th of the following month.

Article 12 Order-delivery (1) The supplier shall independently place an order for the goods to the supplier in accordance with the method and procedure determined by the supplier.

(2) The “supplier” shall deliver to the address indicated in the “basic information on transaction” according to the order of the buyer.

(3) A supplier shall be designated as a store.