채무부존재확인
1. It is confirmed that the Plaintiff’s liability for damages as stated in paragraph 2 of the attached list against the Defendant does not exist.
2...
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 1.
On October 2, 2017, the Plaintiff and the Defendant made the Plaintiff as the principal contractor and the Defendant as the subcontractor, and entered into an individual contract for the manufacture and supply of beverages (hereinafter “first individual contract”) according to the instant basic contract. B. On March 6, 2018, the Plaintiff and the Defendant entered into an individual contract for the manufacture and supply of beverages of “E” and “F” (hereinafter “first individual contract”). The Plaintiff and the Defendant concluded the first individual contract for the manufacture and supply of beverages of “EL character” (hereinafter “second individual contract”) and the first and second individual contracts collectively.
On May 24, 2018, the Defendant notified the Plaintiff that the instant basic contract and each of the individual contracts (hereinafter collectively referred to as “each of the contracts of this case”) were terminated on the grounds that the Plaintiff could not achieve the purpose of the contract due to the Plaintiff’s unfair trade practices, payment, distribution expenses, and no additional order after the initial order was given, while engaging in the transaction of manufacturing and supplying beverages after receiving orders from the Plaintiff in accordance with each of the individual contracts of this case.
On June 29, 2018, the Defendant demanded payment of KRW 73,175,675 in total, including the amount of 17,59,065 in inventory of raw materials and the amount of 55,576,610 in beverage research and development costs.
E. Accordingly, the Plaintiff filed the instant lawsuit seeking confirmation of the absence of each of the above obligations against the Defendant. During the lawsuit, the Plaintiff asserts that the Defendant’s claim against the Plaintiff was modified into “2,488,200 won in inventory related to inventory of raw materials” (attached Form No. 1), and “41,80,000 won in the name of sampling expenses incurred due to the termination of the contract” (attached Form No. 2).