채무부존재확인
Based on the gold production contract dated July 2, 2014 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
Facts of recognition
On July 2, 2014, the Plaintiff entered into a contract with the Defendant to manufacture and supply metal molding parts, and the main contents are as follows:
(hereinafter referred to as “instant contract”. Item 1 of Article 1: VYGER 09 (Breed 09): Amount of gold-type 1 sheet (total 5 kinds) and 500 parts: Payment period of KRW 32,00,000 (Separate Value-Added Tax): August 7, 2014 (Criteria for Notice of Passing 500 Production after Yangsan), Article 2 (Criteria for Notice of Passing 500 Production after Yangsan) (1) The Defendant provides the Plaintiff with design drawings and specifications necessary for this gold production, and prepares gold production plans and specifications based on the design drawings and specifications presented by the Plaintiff, and starts production after obtaining approval from the Defendant.
(2) Where a change in the production of gold papers is inevitable, the plaintiff may produce them by changing design and a trial room under mutual agreement between the defendant and the plaintiff.
(hereinafter omitted) Article 3 (Submission of Contract Performance Bond and Advance Payment Guarantee Bond) (1) The Plaintiff shall submit to the Defendant a contract performance guarantee bond equivalent to 10% of the contract amount, simultaneously with the contract.
(hereinafter referred to as "delivery and Delivery Method") Article 4 (Delivery and Delivery Method) (1) Delivery means that the plaintiff produces gold papers and presents it to the defendant together with the current proposal report prepared by the plaintiff, and obtain the approval of the defendant.
(2) The current events of this gold shall be from the commencement to 30 days.
Article 5 (Methods of Prohibition of Substitute Payment) (1) down payment (excluding value-added tax): 16,00,000 won shall be paid as down payment.
(2) Part payments (30%): Payment shall be made after the defendant's passing notice is given after the completion of the production of gold in the form of KRW 9,600,000 and the presentation of current events.
(3) Balance (20%): Payment shall be made after passing an inspection of 500 parts with a total of 6,400,000 won.
Under the instant contract, the Plaintiff is a performance guarantee insurance policy (contract) with the purchase price of KRW 3,200,000 from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) on July 9, 2014.