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(영문) 서울중앙지방법원 2015.04.10 2014가합532816
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant) is US dollars 237,295.33 and US currency among them.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures, processes and sells telecommunications equipment, portable personal information terminal (Person Dozant (hereinafter “PDA”), etc. The Defendant is a company that manufactures, processes, and sells PDA for the purpose of export and import business, export agency business, brokerage business, etc.

B. On December 23, 2013, the Plaintiff and the Defendant entered into an agreement on product processing services, provision and re-purchase (hereinafter “re-purchase agreement of this case”) with the Plaintiff, with the content that the Plaintiff would re-purchase the entire or part of the inventory of the industrial PDA exported to China’s digital tea (Daewo International Co., Ltd., LTD; hereinafter “Treatment Injury Corporation”). The Defendant re-imported and sold it from the Treatment Injury Corporation. However, if the said PDA was not sold by March 31, 2014, the Plaintiff would re-purchase it from the Defendant.

Section 1 (Purpose of the Contract) This Agreement is to be entered into with the Plaintiff and the Defendant’s stock in China ( approximately 14,000 U.S. dollars and 14,00 U.S. dollars (hereinafter referred to as “the contract”).

) All or part of USD 8 million, hereinafter referred to as “stock”) is to be stipulated and proceeding with respect to the consignment storage, repair, processing, A/S support, etc. of the product in question and the re-purchase of the product in question when the Defendant imports and sells the product through his or her own injured corporation.

Article 4 (Roles and Responsibilities of Each Juristic Person) (1) The roles and responsibilities of “inflictingd Corporation” shall be as follows:

1.The treatment injury corporation shall pay the price for goods ($8 million) from any digital car or any goods and purchase goods;

2.The treatment injury body shall play a role in exporting to the defendant goods purchased from digital tea or goods.

(2) The roles and responsibilities of "digital tea" shall be as follows:

1. The digital tea or the Plaintiff transfers to the Plaintiff the amount of goods ($8 million) received from the treatment-in injury corporation.

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