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(영문) 부산지방법원 2016.03.16 2015가합7766

채무부존재확인

Text

1. It is confirmed that the Plaintiff’s obligation regarding commercial transactions against the Defendant does not exist.

2. The costs of lawsuit shall be.

Reasons

1. The applicant for the indication of the claim and the defendant are persons engaged in the intermediate wholesale business.

On October 7, 2015, the Busan City Fisheries Cooperatives (hereinafter referred to as the “Seoul Metropolitan City Fisheries Cooperatives”) announced that the Plaintiff was designated as an intermediary wholesaler, and the Plaintiff transferred KRW 20 million to the Association on October 12, 2015 in order to join the Association.

However, the defendant, who is an existing member of the above Association, asserted that the claim for commercial transactions against the plaintiff is remaining, and if the above Association fails to settle the claim, it notified the plaintiff that it is impossible to join the Association, and the above Association filed a civil petition with the Busan City Fisheries Cooperatives, and sent a statement to the plaintiff that the Busan City Fisheries Cooperatives suspended the issuance of the certificate of designation of

However, commercial transactions between the plaintiff and the defendant had already been terminated ten years prior to the termination and there was no obligation to settle, and even if there exists any obligation, the claim has already expired five years after the lapse of five years as a commercial claim.

The plaintiff's non-existence of obligations regarding commercial transactions against the defendant is sought.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;