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(영문) 서울중앙지방법원 2018.09.18 2018나9059

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 28, 2014, the Plaintiff prepared for the opening of the B store business, which is a discount store for consumer products, entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”). The main contents of the instant contract are as follows.

On the other hand, the Plaintiff received a payment guarantee insurance policy from the Seoul Guarantee Insurance pursuant to Article 8 of the contract of this case and delivered it to the Defendant.

- A contract for the supply of goods - the Defendant (hereinafter referred to as “supplier”) and the Plaintiff (hereinafter referred to as “Buyer”) enter into a contract for the supply of goods (hereinafter referred to as “this contract”) as follows.

Article 3. (1) Contract term (1) This contract shall be three years from the contract date ( January 28, 2014).

Section 8. Security ① Under this Agreement (A) For the purpose of securing all obligations to a supplier with respect to this Agreement, including the maintenance of transaction relations with a supplier and the payment of various payments under this Agreement, the purchaser shall deposit KRW 5,00,000 (5,000) with the account designated by the Supplier until the conclusion of this Agreement.

(3) Deposits under paragraph (1) of this Article may be substituted by issuing payment guarantee insurance policies and providing them to "supplier".

Article 9. Monthly Membership Fees, "Buyers" shall deposit every month in an account designated by the supplier by the tenth day of the following month (excluding KRW 500,000,000 and value added tax), as the membership fees under this Agreement.

Article 10 "Buyer" shall deposit the commodity handling fees calculated on the basis of the total supply price (hereinafter referred to as "monthly purchase price") excluding the value-added tax of the commodities the monthly purchase of which has been determined in return for the supply of the commodities by the supplier, into an account designated by the supplier by the tenth day of the following month.

Article 12 Order-delivery of Goods (1) "Buyer" shall be independently made to "supplier" in accordance with the methods and procedures set by "supplier."