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(영문) 수원지방법원 2017.06.23 2014가합9604
채무부존재확인
Text

1. As to KRW 104,400,000 among the Plaintiff-Counterclaim Plaintiff and KRW 34,650,000 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff (Counterclaim Defendant) shall have on October 24, 2012.

Reasons

The main lawsuit and counterclaim of this case are also examined.

1. Basic facts

A. The Plaintiff is a corporation that runs the business of manufacturing and selling plastic containers and tools, and the Defendant is a corporation that runs the business of manufacturing and selling automobile-related parts.

B. On October 31, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of 2 set-type 3,00 sets of gold-type 2 sets for the production of OratoM transport caps and 3,000 sets of money (hereinafter referred to as “the gold-type contract”, “the instant gold-type contract”, “the instant capsul contract,” and “the instant capsul contract,” and “the instant primary contract” in combination with each of the above contracts). The main contents of the instant first contract are as follows.

The purpose of this Agreement is to make the gold type set forth in the scope of the contract(s) by “B (Plaintiff)” to “B (Defendant)” and “A” to provide for the overall matters in paying the price for the gold type contract amount of KRW 49.5 million.

Article 3 (Payment Period) "B" shall produce gold bars meeting the SP on the drawings until December 10, 2012 and shall not hinder the production of products.

Until December 4, 2014, the trial products shall be provided). Article 6 (Receipt and trial run)

1. “A” shall carry out a trial operation for an ordered product when the “B” supplies the original product.

2. “A” shall be managed with due care of a good manager for ordered items during the trial run period, and “B” shall be compensated for damages incurred without a cause attributable to “A” during this period.

Article 7 (Disposal of Insufficient Goods and Unqualified Goods)

1. “B” shall promptly resupply the results of the inspection under Article 6, in accordance with the direction of “A”, if they have failed to pass the inspection;

Provided, That in such cases, “B” shall not be exempt from the responsibility for the abnormal supply of materials for the original payment period.

2. The total amount of money to be received whenever the delivery date is delayed per day.

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