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(영문) 서울중앙지방법원 2016.07.15 2016나16190
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: " May 30, 2015" in Part 3 of the judgment of the first instance court is as " May 30, 2013"; " June 1, 2015" in Part 4 as " June 1, 2013"; " witness H and G" in Part 4 as "H and G witness of the first instance court"; "this case's agency contract of Articles 18 through 19" in Part 4 as "the agent contract of this case between the supplementary intervenor and the defendant (hereinafter "the agency contract of this case")"; "the exclusive and exclusive contract of this case" in Part 16 of the judgment of the second instance as "the exclusive contract and exclusive payment contract of this case"; "the additional fee of this case" in Part 87 of the judgment of the first instance court is stated as "the additional fee of this case"; "the additional fee of this case is sufficient to cite the defendant's provisional service contract of this case to the extent that it was provided to the defendant."

2. Additional determination

A. The gist of the Defendant’s assertion 1) The instant insurance contract covers not only the obligation based on the agency contract between the Intervenor and the Defendant, but also all the liability for damages arising out of the consignment relationship between the Intervenor and the Defendant. Therefore, regardless of the existence or validity of the instant agency contract, the Plaintiff is liable to compensate for all the damages incurred by the Intervenor in performing the business of selective distribution related to the F agency. (2) The Plaintiff’s purpose is to guarantee the contract between the parties to the transaction and to protect the safety of transaction.

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