채무부존재확인
With respect to trade participants' trade agreements concluded on June 27, 2017 between the Plaintiff and the Defendant, the Plaintiff against the Defendant.
1. The Plaintiff’s assertion by the parties is a trade participant’s trade agreement with the Defendant on June 27, 2017 between the Plaintiff and the Defendant to purchase the Defendant’s fishery products (hereinafter “instant trade agreement”).
It is true that the Plaintiff did not purchase fishery products from the Defendant in accordance with the instant transaction agreement. Therefore, the Plaintiff asserts to the purport that “a judgment, such as the purport of the claim, is sought”.
As to this, the Defendant asserted to the effect that “The Defendant sold a total of KRW 75,587,00 to the Plaintiff by January 31, 2018 pursuant to the instant transaction agreement, and the Plaintiff paid KRW 27,065,000 in total to the Defendant as the sales proceeds until January 31, 2018. Therefore, the Plaintiff is liable to pay the Defendant a total of KRW 48,52,000 (=75,587,000-27,065,00) and damages for delay pursuant to the instant transaction agreement.”
2. Determination
A. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 3 through 7, and 9, the plaintiff operating a fishery products wholesale business and the defendant operating a fishery products consignment sales business, etc. on June 27, 2017. Under the instant transaction agreement, the defendant paid to the plaintiff the sales price of KRW 3,720,000 on June 29, 2017; KRW 19,182,00 on July 19, 200; KRW 200,000 on July 20, 2017; KRW 30,000 on July 20, 2017; KRW 30,000 on July 31, 2017; KRW 705,005,005,005,000 on January 31, 2018; and KRW 30,007,710.67