채무부존재확인
1. The Plaintiff (Counterclaim Defendant) paid KRW 127,933,289 to the Defendant (Counterclaim Plaintiff) and its related amount from June 23, 2015 to September 30, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On December 5, 2013, the Defendant, who resided in the Plaintiff and the U.S.A.A.E., engaging in the import and sale of automobile parts, found overseas vehicle parts sales companies and act as an intermediary with the domestic import company, entered into a contract on the transfer of exclusive imported parts (hereinafter “instant contract”) with the following terms and conditions.
In order to promote efficiency in finding, negotiating, maintaining, operating, etc. of foreign import customers, the Plaintiff and the Defendant enter into a contract for the transfer of goods to the monopoly as follows:
Article 1 (Scope of Exclusive Contracts) The territory of the monopoly in which this Agreement is regulated shall be as follows:
(1) In the event that the Plaintiff imports automobile parts from the Defendant via the Defendant, (2) where the Plaintiff imports automobile parts from the country of import of the outer automobile parts discovered or newly discovered by the Defendant and the Plaintiff’s act of trading (the content of the exclusive contract) under Article 2 (1) of the Act, the Defendant shall not disclose to the Plaintiff any foreign customer and allow any competitor in the Republic of Korea of the same kind of business as the Plaintiff to disclose and trade them.
(2) The defendant shall find a new customer and provide the information only to the plaintiff without being cut, and the plaintiff shall decide whether to conduct a transaction in consultation with the defendant.
Article 3 (FE (1) The FE paid by the Plaintiff to the Defendant shall be based on the import source cost (INVICE amount) as follows:
(3) The payment time of the FE shall be settled at the end of each month and paid within five days.
Provided, That if the monthly income of the defendant falls below 6 million won due to a significant decrease in the volume of imports due to seasonal factors, etc., the plaintiff shall pay 6 million won.
(Period of Contract) This Agreement shall enter into force on the date of signature and in accordance with Article 5.