채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
1. Basic facts
A. 1) On January 19, 2018, the Plaintiff requested the Intervenor’s Intervenor and the Intervenor’s Intervenor’s Intervenor to supply the goods, such as automobile parts, etc. to the Plaintiff, the contract under which the Plaintiff supplies the goods to the Intervenor’s Intervenor (hereinafter “instant goods supply contract”).
The contract was concluded. The main content of the contract is as follows, and the “A” under the contract refers to the Intervenor B, and the “B” refers to the Plaintiff. Article 2 (Basic Contract Nature) 1) This contract applies to all agreements entered into between “A” and “B” in relation to the supply of goods during the contract period stipulated in Article 3.
Provided, That where an individual arrangement concerning the supply of goods (hereinafter referred to as "individual arrangement") conflicts with the contents of this contract, the individual arrangement shall prevail.
Article 3 (Period of Contract) (1) The term of contract of this Agreement is from January 19, 2018 to January 18, 2019. (2) If a party fails to notify in writing the other party of his/her intention of refusal of contract renewal 30 days prior to the expiration of the term of contract, the term of contract shall be automatically extended every one year.
Article 4 (Conclusion of Individual Arrangement) The kinds, items, quantities, prices, places of supply, date of supply, and other specific conditions of the goods supplied to “A” shall be prescribed in an arrangement to be concluded separately between “A” and “B”.
Article 5 (Disposition) "A" shall be ordered by an order stating the kind, item, quantity, place of supply, date of supply, etc. of the goods, and the capability and inventory of "B" shall be taken into account.
Article 6 (Obligation) 1) “B” shall supply the goods ordered by “A” to the head office designated by “A” within one month from the date of advance payment. 2) “B” shall immediately refund the principal of the goods supplied when the goods are not supplied within one month.
2. On the other hand, the Intervenor joining the Defendant, on January 22, 2018, deposited money under the instant goods supply contract.