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(영문) 서울중앙지방법원 2015.10.30 2014가단5352407
채무부존재확인
Text

1. There is no insurance money of KRW 23,250,00 based on the attached surety insurance for the defendant.

Reasons

1. Facts of recognition;

A. A. Around March 6, 2012, the Plaintiff Intervenor Company and the Defendant Company B, the representative of the Defendant Company, entered into a basic contract for the supply of products with the content that the Plaintiff Intervenor Company would develop and manufacture the vehicle booms for the Defendant Company. On May 23, 2012, the Defendant Company established and entered into a contract for the supply of products again by succeeding to the basic contract for the supply of the said products (hereinafter “instant contract”). The amount of entrusted duties and the payment method are as follows.

The Defendant Company paid KRW 23,250,000 to the Intervenor joining the Plaintiff on the same day.

Article 3 [Number, etc. of Entrusted Affairs] (1) The Defendant Company shall place an order to the Intervenor Company for the total of 1,000 units for May 2012 in relation to the performance of entrusted affairs of this product.

2. The Intervenor joining the Plaintiff shall deliver the goods according to schedule and quantity on the basis of the goods.

Article 4 [Payment of Consideration] (1) The remuneration for the entrusted duties under Article 3(1) is CL-HD 15,000 won.

② The Defendant Company shall pay the following schedule and amount to the Intervenor Company upon the request of the Plaintiff Intervenor Company:

30% (23,250,000 won) at the time of ordering a first 500 first-class local highway

5. Balance remaining 70% (54,250,000 won) prior to delivery of the first 500 parts of the tea.

6. 30% (23,250,000 won) of the second 500 minutes at the same time as the completion of delivery for the first 15.

6. Balance remaining 70% (54,250,000 won) prior to the supply of 2 teas 500 parts

6. 29.b.

Plaintiff

On June 22, 2012, the supplementary intervenor manufactured 500 black boxes and demanded the Defendant Company to pay the balance of the first half of 500 parts, and requested the payment of the remainder 500 copies after producing the remaining 500 parts. However, the Defendant Company asserted that there was a defect in 60 black boxes supplied, and did not pay the amount.

Accordingly, around August 21, 2012, the Plaintiff’s Intervenor notified the Defendant Company that the instant supply contract will be rescinded.

C. Meanwhile, the Plaintiff’s Intervenor Company constituted the Defendant Company on May 23, 2012 and the Plaintiff.

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