채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 909,277,681 to the Defendant (Counterclaim Plaintiff) and its related amount from July 25, 2012 to May 15, 2014.
1. Basic facts
A. On May 31, 201, the Plaintiff entered into an agricultural product supply contract with the Defendant-affiliated Agricultural Products Distribution Center (hereinafter referred to as the “Defendant”) to receive agricultural products, such as spaw, math, soil reduction, white paper, spath, and distribution, with the term of the contract from June 1, 2011 to May 31, 201, with the term of the contract from June 1, 2011.
(hereinafter “instant supply contract”). The Plaintiff agreed to settle the price in cash within 30 days after the receipt of the goods, and to accept the goods after cash settlement for the excess amount if the credit limit under the credit transaction agreement prepared separately by the parties exceeds the credit limit under the credit transaction agreement.
B. On May 31, 201, the Plaintiff entered into a performance guarantee insurance contract with the Defendant, the insurance amount of KRW 100 million, the insurance period from May 31, 201 to May 30, 2012 with the Seoul Guarantee Insurance Co., Ltd. to guarantee the payment of credit for the instant supply contract.
C. On June 13, 201, the Plaintiff and the Defendant entered into an agricultural product credit transaction agreement (hereinafter “instant credit transaction agreement”) with a fixed period of KRW 90,00,000 and KRW 30 days from the date the Plaintiff acquired the goods within one year from the date of concluding the credit transaction agreement.
Pursuant to the instant supply contract, the Plaintiff was supplied with agricultural products, such as drilling, spawn, spawn, spawn, and red powder powder from the Defendant on June 29, 201, by November 1, 2011.
E. On December 5, 201, the Plaintiff was unable to pay the purchase price of agricultural products from the Defendant, and as a security for the payment of the purchase price of the goods, the Plaintiff owned the Plaintiff, such as the Busan Southern-gu Factory Site B, Busan-gu, as the collateral for the payment of the purchase price of the goods, with the Busan District Court No. 73446, Jun. 7, 201