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(영문) 서울중앙지방법원 2019.12.11 2018가단5250905

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 97,772,949 to the Defendant (Counterclaim Plaintiff) and against this, from September 30, 2017 to March 19, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that already sells used products such as cosmetics through home shopping broadcasting, etc., and the Defendant is a company that manufactures and sells cosmetics.

B. On October 26, 2015, the Plaintiff and the Defendant entered into a contract for supply of goods with the content that the Defendant manufactures and supplies cosmetics, etc. according to the Plaintiff’s order, and the Defendant purchased them.

(hereinafter “instant supply contract”). Provisions pertaining to “the supply of raw and secondary materials and the obligation to purchase stocks and compensate” in the instant supply contract are as follows:

C. On March 9, 2016, the Plaintiff sent C77,700 plastic bags to the Defendant, and ordered raw materials in the quantity of 27,000 sets. On the same day, separate from the 7th order portion, the Plaintiff requested the Defendant to secure in advance raw materials in the quantity of 8th C 10,000 sets by e-mail. 2) The Plaintiff, as above, requested the Defendant to place a total of 37,00 orders and secure lines. Although the Defendant prepared, the Plaintiff prepared them, but the Plaintiff supplied 3D corrective plastic bags from the Defendant, but only supplied 77,70 plastic bags for 3D corrective factoring, but only partially 51,917 plastic bags were stored in the Defendant’s inventory, and then, the inventory and inventory status of the total of 97,97,97, and 97,00,000 won were remaining in the Defendant’s inventory (in total, 97,000 won).

On March 2017, the Defendant requested the Plaintiff to file a lawsuit and pay the price for the inventory of the instant case, and the Plaintiff’s personnel D sent e-mail to the Defendant around March 6, 2017 due to its funds.

It is the following note that the unsettlemented portion will be resolved.

C It is necessary to check the status of subsidiary materials, semi-finished products, finished products, and the balance of order.