(영문) 서울중앙지방법원 2015.05.08 2014가합538395

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(영문) 서울중앙지방법원 2015.05.08 2014가합538395

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 2012, the Plaintiff and the Defendant concluded a contract with the following content:

(hereinafter referred to as “instant contract”): The principal terms and conditions of the instant contract [the cover of the contract]: The name of the Plaintiff: the contract price for the purchase of the imudio VDI system (hereinafter referred to as “supply goods”): 1,100,000,000 won (including value-added tax): the contract price of 10%: the delivery period: the place of delivery on December 31, 2012: the method of payment of the place designated by the supply agency: Reference to the Special Conditions for the Purchase of Goods [Special Conditions for the Purchase of Goods] ① The term “demand Party” means a natural or legal person who has entered into a contract by placing an order for the supply of the goods to the Defendant.

(2) The term "guarantee of sales" means the Plaintiff's business agency activities that the Plaintiff sells to the Defendant by attracting the Defendant to enter into a contract for supply of goods with the potential customer through the business of the potential customer who intends to place an order for the supply of goods.

3. The term "supply of supplied goods" means the business of making goods available to a supplier through various kinds of creation, optimumization and testing by the plaintiff to secure the supplied goods and secure them in the premises, etc. in order to perform the obligation to supply the supplied goods to be borne by the defendant under the supply goods contract between the supplier and the defendant (including a contract under which the supply of the supplied goods regardless of their names is entered into; hereinafter referred to as the "this contract").

Article 5 (Period of Contract) The term of this contract shall be from the date of conclusion to December 31, 2012.

Article 6 (Roles to Work) The roles of the two houses for this Agreement shall be as follows:

① The defendant's role

1. Planning and overall control over the provision of demand for the supplied goods;

2. Assistance in the matters necessary to guarantee the sales amount provided by the Plaintiff.

3. The goods supplied;

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