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(영문) 서울중앙지방법원 2019.09.26 2018가합568752
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 173,250,539 and the full payment from April 18, 2018.

Reasons

1. Basic facts

A. On July 8, 2016, the Plaintiff and the Defendant entered into a contract for the supply of tined rice (hereinafter “instant contract”) (hereinafter “instant contract”). The main contents are as follows.

Article 3 (Payment of Supply Price and Price)

1. The cost of processing goods produced by the Plaintiff at the Defendant’s request (containers/Kaboxs/LD films/factory commercial terms) shall be supplied at KRW 370 per unit of goods (Separate Supply of Additional Tax/LS and Won separately for logistics).

a. All goods shall develop optimal Recipe that fit their respective characteristics prior to the date of the contract, and the weight most suitable for the developed Recipe shall be the standard weight of the goods.

c.The first order-based 500,000 parts after the order-based 500,000 parts are 380 won per product and 80,000 won per order-based MO Q.

2. After entering into this contract, the Plaintiff submitted to the Defendant an advance payment performance bond for the first order (500,000) portion, and the Defendant shall pay to the Plaintiff advance payment for 50,000 won within seven business days from the date of receipt of the securities.

3. The defendant may request the plaintiff to return the advance payment already paid for the following reasons, and the plaintiff shall return the advance payment for the portion of execution within seven days from the date the defendant's request for return was confirmed.

a. Where the import of the Defendant’s normal raw materials is not possible due to changes in governmental policies;

b. Where the quality of the products produced by the plaintiff fails to meet the agreed standard and thereby the normal business activities of the defendant are hindered;

c. Where an unforeseen cause has interfered with the import or business activities of the defendant of raw materials.

d. The amount of supplementary materials ordered by the Plaintiff (dongboards, Rids and Katons) shall be deducted from the advance return, and the remaining supplementary materials shall be refunded to the Defendant.

4. The settlement of costs for processing after 500,000 parts of the first order will run at 70% after the completion of delivery in advance.

5. The settlement of payments for the processing of goods shall be made after the issuance of a tax invoice by settling the quantity of goods supplied on the last day of each month;

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