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(영문) 서울중앙지방법원 2020.09.10 2018가합555657
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 199,493,00 to the Defendant (Counterclaim Plaintiff) and the amount from May 8, 2018 to January 4, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The C Group concluded a logistics agency contract with the Defendant on September 25, 2017 (hereinafter “instant logistics agency contract”) with the Defendant to supply the instant product to the C Group, in order to provide and sell the same sportsware (hereinafter “instant product”). D (E), F brand name “G”), and H ( brand name “H”; hereinafter “the above three companies”) signed a distribution agency contract with the Defendant to deliver the instant product to the C Group.

B. On September 20, 2017, the Plaintiff entered into a warehouse storage and operation consignment agreement (hereinafter “instant agreement”) with the Defendant to implement the instant logistics agency agreement with the Defendant on the following terms:

Article 1 (Purpose of Contract)

2. The contents of the entrustment of this Agreement to be performed by the Plaintiff are as follows, and the specific contents of the business must be determined by the Additional Agreement.

The plaintiff who requested the defendant to store the cargo shall secure an appropriate storage place and keep it.

(b) Duties of storage, including unloading and loading of cargo in custody;

(c) Inventory management, such as ascertaining the quantity of stored cargo;

(d) Shipment business, such as pressing and upper or lower vehicle, in accordance with a written request for release by vehicle unit of the defendant;

(e) Management, including maintenance and repair of the storage place, and protection against risks of loss or destruction of cargo;

(f) Article 8 of the Act on Business Affairs incidental to those under any of the subparagraphs above;

1. In any of the following cases, the Plaintiff shall compensate the Defendant for the damage:

Plaintiff

Any delay or failure of work due to reasons attributable to the plaintiff's employee or work worker;

C. All relevant accidents, such as external outflow, theft, loss, damage, deterioration, pollution, damage, etc., caused by the Plaintiff’s intentional or negligent act

(d) Stabilization reduction rate for damage, destruction, etc. of a product that occurred during the Plaintiff’s custody shall be the monthly amount of output (or.

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