채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 1, 2013, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant goods supply contract”) under which the Plaintiff would be supplied with raw and secondary materials from the Defendant (hereinafter “diversing materials”) to manufacture the finished products and deliver them to the Defendant again. The main contents of the contract related to the instant case are as follows.
Article 2 (Supply of Raw Materials) (1) “B” (referring to the Plaintiff; hereinafter the same shall apply) shall, in principle, purchase the raw materials of “A” (referring to the Defendant; hereinafter the same shall apply) and produce the products, but if the raw materials are not supplied due to the circumstances of “A”, it may designate the raw materials of the manufacturing company that may meet the quality standards set forth in “A”.
(hereinafter omitted) Article 5 (Examination of Goods) (3) With respect to products judged inappropriate in the quality examination of “A”, the following shall be dealt with:
1. Quality standards (shortages, shortage of purchase, failure to meet the original quality standards) - processing on the spot of inspection;
2. Products which are minor in appearance (pre-paid items, such as packaging failure) - re-packaged or re-tallying and may be supplied in advance, and the expenses incurred therein shall be borne by "B".
Article 6 (Prohibition of Sale and Transfer) (1) Products completed under the trademark name of “A” shall be supplied to “A”, and in no case shall sell, exchange, etc. with a third party without the prior approval of “A”, or perform any act of donation.
(2) The term “B” shall not use the original land purchased from “A” for the production of the products of “A” for another purpose without the prior approval of “A”, or sell, exchange, or otherwise perform any other act of disposal or transfer to a third party.
Article 9 (Provision of Security and Joint and Several sureties) (1) "B" shall provide KRW 30,00,000 as a security for damages, such as the purchase and sale of raw and subsidiary materials from "A", and the amount of original purchase, etc.