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(영문) 서울남부지방법원 2018.05.04 2015가합111502

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant (Counterclaim plaintiff)'s counterclaim is dismissed.

3...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Status of the parties, etc. 1) A Co., Ltd. (hereinafter “A”).

The purpose of this is to develop, sell, and distribute mobile royalty, and the Defendant’s ASEAN is an individual entrepreneur of the trade name, “E,” which purchases mobile royalty from A and sells it to consumers or delivers goods to A, and the business registration was made in the name of the Defendant. 2) F (F; hereinafter “F”) certifies that the design and quality of the mobile phone of the company developed by the small and medium enterprises passed the reliability test established by the G company.

A is almost the onlyF company in Korea until 2012 and has the sales right to receive and sell the amount of books related to the G company's mobile phones exclusively.

3) A’s representative director, H is a L corporation (hereinafter “L”) that manufactures and supplies mobile phone distribution factoring, earphones, etc. to G companies with the third who is the chairperson of the J of the I company, who was the representative director of H. K.

L had 76.1% of its equity shares, and L had 71.4% of its equity shares. L had 23.6 billion won in 2009 and 40 billion won in 2010 and 20.0 billion won in 2012, and L had 4.2 billion won in operating income. A had been aiming at listing in 2013, but from around 2013, L had 3.4 billion won in operating expenses in 3.4 billion won in 2000 and 4.2 billion won in operating expenses in 2015.6 billion won in 2016.6 billion won in 2016.6 billion won in 2015.