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(영문) 광주지방법원순천지원 2015.07.24 2014가단15648
채무부존재확인
Text

1. On October 24, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 29,901,975 to the Defendant (Counterclaim Plaintiff) and KRW 28,89,017 among them.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. B agreed between the Plaintiff and the Plaintiff that the Plaintiff would engage in transactions concerning the side kimchi of the Plaintiff and another company, and that a certain amount of the Plaintiff would be paid as a sales commission in the event of sales profit (not a regular employee who has subscribed to four major insurances, etc.) and that the Plaintiff would receive incentives for the manufacture consignment transaction of side kimchi with the Plaintiff.

The plaintiff manufactured and delivered to B a pre-service named name “pre-service name.”

B. On September 10, 2013, B visited the riverside kimchi factory operated by the Defendant during the middle of August 2013, and on September 10, 2013, B entered into a basic contract between the Defendant and the Plaintiff on the manufacture consignment transaction of side kimchi (hereinafter “instant contract”) with the content that the Defendant supplies side kimchi to the Plaintiff by means of the main trademark attachment method (O.E.M).

The part relating to the instant contract relating to the instant case is as follows.

Article 2 (Basic Contract and Individual Contract) (1) This contract refers to the defendant "trustee".

and “Entrusted Person” refers to the Plaintiff.

Unless otherwise agreed, the basic matters concerning the entrustment of the manufacture of products shall also apply to a separate contract for an individual transaction, and the trustee and the truster shall comply with this contract and individual contracts.

Article 9 (Payment of Price) (1) A trustee and a truster shall close the performance of products supplied by a trustee on the 15th day of each month, and accordingly the trustee shall request the payment of price by issuing an invoice.

Article 10 (Management of Prices for Goods Sold) (2) With respect to goods acquired by a trustee, the truster shall make a payment for the goods within 15 days from the date of receipt of the distribution sale within the date of receipt, and if the goods are not performed, the trustee shall suspend the delivery and request the truster to pay damages, such as the expenses incurred therein.

Article 2 (Deposit of Goods by Trustee)

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