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(영문) 서울중앙지방법원 2015.10.29 2015가단40577
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 17,932,005 to the Defendant (Counterclaim Plaintiff) and its related amount from June 13, 2014 to May 19, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 1, 2013, the Defendant: (a) granted the Plaintiff the right to sell cosmetics produced by the Defendant; (b) the Plaintiff paid the amount of the product to the Defendant; and (c) entered into a distribution agreement with the content that, if the payment date is not possible, the Plaintiff shall pay interest calculated at a rate of 7% per annum (hereinafter “instant agreement”).

B. On March 14, 2014, the Defendant exported KRW 17,932,005 to the Plaintiff for open opening, and the Plaintiff issued a performance guarantee insurance policy (payment amount of KRW 20,00,000) to the Defendant. The Defendant agreed to pay the total price to the Defendant by June 12, 2014.

C. The Plaintiff provided the Defendant with the performance guarantee insurance policy (payment guarantee policy for the issuance of Seoul Guarantee Insurance Co., Ltd. (the Plaintiff, the policyholder, the amount of insurance coverage of KRW 20,000,000, and the content of the guarantee under the Distribship Agreement, and the damage guarantee under the insurance period from March 3, 2014 to October 31, 2014).

The Defendant supplied goods equivalent to KRW 7,932,005 on March 14, 2014 in accordance with the instant agreement.

[Reasons for Recognition] Each entry of evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff is obligated to pay to the Defendant the amount of KRW 17,932,005 for the goods and the damages for delay calculated at each rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from June 13, 2014 to September 15, 2015, which is clear that the service date of a duplicate of the instant counterclaim is from June 13, 2014, which is the date after the date of payment to the date of full payment.

B. On March 3, 2014, the Plaintiff concluded a contract for the supply of goods with the Defendant and received a guaranty insurance policy for the payment of goods, but was rejected from the guarantee insurance company, thereby allowing the Plaintiff to receive the guaranty insurance policy under the name of the Plaintiff.

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