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(영문) 서울서부지방법원 2018.09.19 2018가단2779

채무부존재확인

Text

1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 4, 2017, Plaintiff B assumed office as an internal director of Plaintiff A Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Plaintiff”) for the purpose of wholesale and retail business of computers and peripheral devices.

B. On November 21, 2017, Plaintiff B received the introduction of Nonparty F (A) from Nonparty E, and visited Nonparty H, F, and I with Nonparty H, F, and I as well as the office of the Defendant Company.

At that place, F talks about the transaction methods with the JC Deputy Commissioner of the Defendant Company and the Defendant Company, and JJ Deputy Director delivered the sample contract to F, I, and H respectively.

C. Since then, F entered into an agency supply contract with the Defendant Company in the name of the Plaintiff Company with the following content:

(F) The Defendant Company supplied the Plaintiff Company with CCTV, peripheral devices and components based on mutual trust, and sold them to the end-user at its responsibility and charge, and settled the price of goods determined by the Defendant Company.

The limit of credit for the delivery of products shall be 50,000,000 won per month.

Plaintiff

B was issued by K Co., Ltd. on December 14, 2017 a performance guarantee insurance policy (sale of goods) with the following content, based on F’s guidance, etc.:

(hereinafter referred to as “instant guaranty insurance policy”. A policyholder: The insured amount of the Defendant Company’s insurance coverage: KRW 50,000,000: The content of the principal contract for the guarantee of the payment of the price of credit goods: the agency goods supply contract (Conclusion on November 21, 2017), the contract amount of KRW 50,000,000;

E. On December 14, 2017, Plaintiff B resigned from the intra-company director of the Plaintiff Company, and Nonparty L was appointed as the intra-company director of the Plaintiff Company on the same day.

(Registration on December 19, 2017). On the other hand, on December 19, 2017, in the name of Plaintiff B and L, all rights and obligations relating to the Plaintiff Company’s business.