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(영문) 수원지방법원 2017.11.17 2017가합11158

채무부존재확인

Text

1. Regarding food treatment equipment (EM-100) entered into on May 4, 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 28, 2016, Ildong-dong (hereinafter referred to as “Seoul-dong company”) is the introduction of the Plaintiff who is engaged in information service business, etc. while finding a company entrusted with the production of food treatment equipment, and on April 28, 2016, the contract for the production of food treatment equipment (EM-100; hereinafter referred to as “products”) between the original Defendant and the third party (hereinafter referred to as “instant Article 3 (1) company as the main agent of the business, shall exercise overall control over the ownership, sale, and business of the products. (2) The Plaintiff, as the main agent of the production of the products, shall deliver to the Defendant the procedure for the quality of the products and the production of the products. (3) The Defendant, as the main agent of the products, shall be responsible for the smooth production and testing of the products. (4) The Defendant, as the main agent of the products, shall provide the Defendant with the additional purchase price of the products to KRW 1500 million and the additional purchase price of the products.

B. Since then, the non-party company and the original defendant decided to reduce advance payment to the plaintiff as KRW 160,00,000 (excluding value-added tax). The defendant paid all the above KRW 176,00,000 to the plaintiff from May 4, 2016 to May 12, 2016. As a security, the non-party company created a right to collateral security on the land of 238 in Chuncheon-si, the non-party company created a right to collateral security on the land of 110,000,000,000, and the plaintiff issued the insurance policy to the defendant.