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(영문) 서울고등법원 2018.11.22 2018나2006622
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On February 2016, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, such as the status of the parties, is a company engaged in the wholesale, retail, and installation business of LED (Lighting), and the Plaintiff used the trade name “A” corporation and changed the trade name into the current trade name on September 19, 2017.

B A Co., Ltd. (hereinafter referred to as “B”) is a company that has been engaged in the development and sale of LED lighting, and the Defendant is a trustee in bankruptcy in B.

B. This contract applies to all individual contracts entered into between B and the Plaintiff relating to the supply of contract products during the contract period, including the conclusion of a sales store contract and the supply of goods between B and B.

Article 3 (Individual Contract) (1) With respect to the supply of a contract product to the Plaintiff by B during the term of this contract, the detailed conditions such as the quantity, price, etc. not specified in this contract shall be determined by the contract between B and the Plaintiff (hereinafter “individual contract”).

2. Where all or some of the provisions of this contract and an individual contract are agreed upon, this contract shall prevail, except as otherwise expressly provided for in an individual contract that the application of all or part of this contract shall be excluded.

Article 5 (Supply Price) (2) The Plaintiff shall determine, under the responsibility of the Plaintiff, the resale price of contract products sold by the Plaintiff to the end-user, taking into account the promotion price

Article 6 (Payment for Contract) B shall issue a tax invoice as at the end of each month by the end of the following month, and the plaintiff shall pay 50% by the end of the following month and 50% by the end of the following month.

Article 8 (Risk Bearing) B shall bear all risks, such as losses, theft, fire, etc., incurred in products after the products are delivered to the Plaintiff by the Plaintiff.

Article 13 (Term of Contract and Termination) (1) The term of validity of this contract shall be one year from the date of conclusion of this contract, but may be extended by one year upon agreement of the parties.

(2) Section B. (3) above.

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