(영문) 서울중앙지방법원 2016.04.29 2015가단5020325

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(영문) 서울중앙지방법원 2016.04.29 2015가단5020325

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence No. 1-1-3 and Eul evidence No. 1.

The defendant is a corporation engaged in the business of manufacturing, exporting, importing, distributing, storing, selling, etc. of petroleum and petrochemicals, including crude oil, natural gas, and ELP, and the plaintiff is a corporation that engages in wholesale and retail business of petroleum, etc., and the plaintiff operates the gas station in Pakistan B (hereinafter referred to as the "instant gas station").

B. On May 1, 2013, the Plaintiff and the Defendant concluded a petroleum product supply contract that the Defendant would supply petroleum to the Plaintiff (hereinafter “instant supply contract”) with the following content.

Article 2 (Contract Terms and Full Purchase)

1. This Agreement shall be effective for a period of one year from the date of conclusion, and the term of the contract shall be extended by five years from the date of receipt where the “gas station” receives business equipment support from the “GSST”, and by the date of final repayment where the facility funds are provided.

5. The term “gas station” shall directly purchase the entire quantity of petroleum products (including gasoline, light oil, light oil, lubric oil, etc.; hereinafter referred to as “products”) sold by the “gas station” during the period between the stations in paragraph 1.

Article 3 (Orders and Supply of Products)

1. The term “gas station” shall place an order for a “product” in accordance with the procedures set out in the “GSknex” and shall designate the order date or the following day (if such day is a Saturday or holiday, the first day after the lapse of such day) as the delivery date.

Article 5 (Payment of Price)

1. The term “gas station” shall pay in cash the prices of “products” supplied from “GSknex” until the time of shipment of “products”.

Provided, That the terms "gas station" and "GSknex" may be traded on credit under agreement.

Article 17 (Prohibition of Transfer)

1. A party to this Agreement shall be subject to this Agreement without the prior written consent of the other party.

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