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(영문) 의정부지방법원고양지원 2019.05.24 2018가단16846
채무부존재확인
Text

1. The Plaintiff’s obligation to return grants based on the transaction agreement dated August 30, 2017 to the Defendant is KRW 30,050,456.

Reasons

In fact, the Plaintiff is a person who operated the marina in the trade name of Gangseo-gu Seoul Metropolitan Government “Emart” (hereinafter “instant marina”), and the Defendant is a corporation that runs ice and wholesale retail business.

On August 30, 2017, the Plaintiff and the Defendant: (a) supplied the Plaintiff with ice and the products of ice monopoly; (b) sold the products of the said ice and the products from September 1, 2017 to the date of achievement of the sales goal; and (c) concluded a transaction agreement with the Defendant to pay the Plaintiff KRW 40 million with the incentives (hereinafter “instant transaction agreement”) on the condition that the said agreement is faithfully implemented.

Article 2 (Conditions of Transaction)

2. In principle, the Defendant shall supply the Plaintiff with the product to 41.25% of the price supplied to retail stores, and the Plaintiff shall pay the Defendant’s products in cash.

Provided, That the settlement on the last day of a certain city shall be recognized by the prior agreement and shall be in cash at the time of settlement on the last day.

Article 4 (Reimbursement of Bounty, etc.) Where the plaintiff intentionally or negligently violates or terminates this contract due to the plaintiff's intention or negligence, if it is impossible to continue this contract due to the plaintiff's reason before the expiration of the contract, only the remaining amount compared to the target amount of sales

Among the instant transaction agreements, the main contents relating to the instant issues are as follows.

In order to guarantee the payment of the Plaintiff’s obligation to return incentives under the instant transaction agreement against the Defendant, the Plaintiff entered into a performance guarantee insurance contract (payment) with F Co., Ltd. (hereinafter “F”) with the purchase price of KRW 40,000,000, and the period from September 1, 2017 to August 31, 2019.

On September 1, 2017, the Plaintiff received a bounty of KRW 40,000,000 under the instant transaction agreement from the Defendant, and thereafter, the Plaintiff and the Defendant continued to supply and sell ice and products.

Afterward, the Defendant expressed to the Plaintiff on October 2018 the intent to discontinue trading on the ground that the payment was delayed, etc., and on October 29, 2018, the Plaintiff.

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