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(영문) 수원지방법원안산지원 2013.02.20 2012가단107624
채무부존재확인
Text

1. The plaintiff's claim is entirely dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In around the end of 2011, the Plaintiff entered into a unit price contract with the Defendant on a “unit price contract for the sale of recycled goods in 2012” with the content that the Plaintiff purchases paper from the Defendant, among recycled goods generated from the Environmental Industrialization. The main contents are as follows.

Article 3 (Contract Items and Sales Unit Price, etc.) (1) Recycling Items subject to sale, the estimated quantity and unit price, and the annual sales unit price are as follows:

Article 4 (Contract Period) (1) of the total sum of KRW 1,049,800,800,000 181,049,070,800 g 181,070,000 won per year for the amount of contract to be sold by contract item (won/km) and annual amount of newspaper, book 100,000 g 21,000 g 21,000 g 1,070,800 g 181,000 g 1,070,000

Article 5 (Guarantee Bond for Payment) (1) When concluding a contract, the plaintiff shall submit to the defendant a guaranty insurance policy equivalent to at least 20/100 of the annual estimated sales amount.

In such cases, the guarantee period shall be from the commencement date of the contract period to 60 days from the end date of the contract period.

Article 6 (Payment of Price) (1) The plaintiff shall pay less than the price for the recycled goods purchased.

B shall be paid twice a month to the account of a financial institution designated by the Defendant as follows:

The next day shall be the payment deadline in cases where the last day of the delivery due date of the first to the 15th of the month of the payment due date of the second payment due on the second payment due date of the payment due on the second payment due date.

The 15th day of the following month from the 16th to the end of the 15th day of each month. The Defendant shall claim in writing the amount to be paid each month by the 20th day to the 15th day of the month, and the amount to be taken out by the 16th day to the 5th day of the following month to the Plaintiff

(3) In the event that the plaintiff fails to pay the proceeds by the payment deadline, the defendant shall immediately suspend the shipment of goods under contract and additionally collect an amount equivalent to 3% of the proceeds from sale as liquidated damages, and shall pay the principal and liquidated damages even after the lapse of 15 days from the payment deadline

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