logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.03.20 2018가단82577
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 7,412,025 to the Defendant (Counterclaim Plaintiff) and against this, from October 27, 2018 to March 20, 2019.

Reasons

1. The Plaintiff entered into a transaction agreement with the Defendant as of March 30, 2018 on the following terms (hereinafter “instant agreement”) with the Plaintiff, as the Plaintiff was operating the Smarket in Gung-gu, Young-si, to be supplied with goods from the Defendant. From March 29, 2018 to June 4, 2018, the Plaintiff was supplied with goods from the Defendant.

Article 4 (Payment of Price) The settlement of goods shall be completed in cash on the 25th day of each month and the 5th day of the following month.

Article 5 (Exchange with Return)

1. The goods whose distribution period has expired in the plaintiff's store may be returned to the defendant;

2. The exchange of damaged or deteriorated goods after the acquisition by the plaintiff shall be based on the criteria as recognized by the defendant.

3. The Plaintiff shall not display and sell any product whose expiration of the circulation period.

Article 7 (Sales Encouragement) When the defendant sells the goods at the plaintiff's store, the defendant deducts the amount of the three-day gift from the amount of the three-day gift after deducting the amount of the three-day gift from the amount of the three-way gift.

Article 8 (Term of Contract) The term of contract shall be one year from the date of the contract, and shall be automatically extended one year when there is no mutual objection.

Provided, That if the transaction is terminated within one year from the beginning date of the transaction, the amount of the event at the time of the sale shall be converted into the transaction period and returned.

On the other hand, at the time of the instant agreement, the Plaintiff issued a guarantee bond from C Co., Ltd. to the Defendant to guarantee the payment of the purchase price of goods. On June 13, 2018, the Defendant filed the instant principal suit with C Co., Ltd. upon filing a claim for the guaranty insurance benefit.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence and Eul 5 evidence, the purport of the whole pleadings

2. Determination:

A. The plaintiff asserted that the price for the goods to be paid to the defendant does not exist any longer when the defendant supplied the goods with the expiration of the distribution period or for which the remaining amount was returned, etc., and the plaintiff's claim against the defendant.

arrow