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(영문) 부산지방법원 2019.12.10 2019가단325243

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation with the objective of trade business (LEDL, miscellaneous). The Defendant is a corporation with the objective of manufacturing lighting equipment.

B. On February 16, 2016, Plaintiff Company entered into a contract for supply and sale with the Defendant to deliver the Plaintiff Company with the amount of KRW 2.10,000 per unit price per unit and KRW 2.1 billion per unit price per unit manufactured by the Defendant (hereinafter “instant contract”) (hereinafter “instant contract”).

2) The main contents of the instant contract are as follows.

The plaintiff company and the defendant shall enter into an agreement with the plaintiff company concerning the above contract (products exported from the Philippines) as follows:

Article 1 (Basic Matters)

1. Product name: D;

2. Quantity: 10,00 won;

3. Unit price and amount: 210,000 won, total amount of 210,000 won.

4. Delivery place: The plaintiff company;

5. As to the above delivery of Paragraph 1 above, the plaintiff company and the defendant directly enter into a contract, and the defendant shall supply the products, and the plaintiff company shall pay the price for the delivery.

Article 2 (Products) The defendant will supply the products dealt with by the defendant, which are contracted by the plaintiff company and the defendant after consultation.

Article 3 (Supply by Defendant)

1. The Plaintiff Company pays 30 million won to the Defendant simultaneously with the contract.

4. The representative of the Plaintiff Company shall provide the Defendant with the secured object.

(E) Article 4 (Terms of Supply of Apartments)

2. On condition that the payment for the supply of goods is made by the Plaintiff Company, the Defendant supplies: (i) the first supply - the quantity of 3,000 supply up to March 10, 201; (ii) the quantity of 3,000 supply by March 31, 206; and (iii) the quantity of 3,000 supply by March 31, 2016; and (iv,00 supply by April 15, 2016.

Article 6 (Guarantee of Products)

1. The defendant must make every effort to support the sales of the plaintiff company and assist the plaintiff company in sales.

2. The defendant shall promptly request the data of the plaintiff company regarding the supply under this contract.