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(영문) 서울중앙지방법원 2017.09.19 2015가단145670

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On January 1, 2012, the Plaintiff (mutual name “D”) entered into an agency contract with the Defendant on consignment agency contract for two years from January 1, 2012 to December 31, 2013; and (2) the Plaintiff entered into an agency contract with the Defendant to carry out the collection, storage, classification, transfer, delivery, air transport, delivery, return and exchange of stack cargo; (3) new business development related to the trading place; (4) the development of the developed customer’s claim for transportation charges; (4) collection of money; and (5) management of the unclaimed claim (hereinafter “instant agency contract”); and (3) the Plaintiff’s agency name as E-agency (hereinafter “instant agency contract”).

2) The instant agency contract provides that “The Plaintiff is obliged to pay the elective cargo transport charge to the account designated by the Defendant, and that “The Plaintiff is obligated to pay the elective cargo transport charge to the account designated by the Defendant,” and that “the Plaintiff shall pay the elective cargo transport charge to the Defendant without delay in the case of direct collection from the customer.” The Plaintiff agrees to pay the fare in accordance with the agency fare payment rules in relation to the current and outstanding payment and credit sales, and ② the Defendant pays the Plaintiff the development and consignment fee in return for the business development and the handling of the money, and ③ the Plaintiff is liable for the final collection of the elective cargo transport charge if the Plaintiff fails to pay the elective cargo transport charge to the Plaintiff by the due date of payment under the contract with the Defendant, or if it fails to pay it by the due date of payment, etc.”

B. On April 12, 2013, the Plaintiff prepared a written consent for offset settlement, and the Defendant: (a) KRW 117,160,710, which occurred from February 2, 2012 to October 2012 from the Plaintiff’s payment to the Defendant; and (b) KRW 117,160,710, which occurred from February 2, 2012 to the Defendant.