(영문) 부산지방법원 2019.12.18 2019가합44770

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(영문) 부산지방법원 2019.12.18 2019가합44770

채무부존재확인

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 200,000,000 against the Defendant (Counterclaim Plaintiff) and its related amount, from May 13, 2019 to December 18, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, as a dentist, is operating a dental clinic in Busan Shipping Daegu C and 9 floors. The Defendant is a dentist, and the Defendant is an EM which provides dentists with convenience in finance and life, thereby contributing to the improvement of the welfare of its members and the balanced development of the regional economy.

B. The following agreements are made between the Defendant and F with respect to the operation of sales management of dental appliances sold by F to the Defendant’s customer by the Defendant and F.

Article 3 (Sales Management Affairs)

1. Prior approval: Before supplying dental appliances, F must verify whether the Defendant is eligible to be sold or customer;

2. Credit information written consent: The F shall, after selling dental equipment or materials to an eligible customer, collect the consent form for provision of personal credit information from the eligible customer and submit it to the defendant;

3. Examination of approval for loans: The defendant shall determine the book of loans after confirming the credit standing of the customer and execute loans in accordance with the credit enforcement regulations;

(b) Sales approval examination: The defendant shall conduct sales after receiving an account statement from F after confirming whether the sales of the customer are deferred.

4. The tax invoice for the defendant's business partner shall be issued by F, and the amount of the money shall be paid by the defendant.

(if it is treated as a loan) The tax invoice for the business partner of the defendant shall be issued by the defendant, and the payment shall also be made by the defendant.

Article 4 (Payment of Price)

1. The defendant shall pay the F after approval for the loan.

2. The defendant shall pay the F after deducting the installment commission from the sales amount sold by F to the customer.

Article 5 (Completion of Defects in Goods)

1. If there is any defect in the goods supplied by the F, the F shall be liable for repairing and returning the defect of the goods;

2. A. The goods supplied by the F.

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