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(영문) 서울중앙지방법원 2019.04.26 2016가합547416
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 520,159,300 to the Defendant (Counterclaim Plaintiff) and its related amount from June 1, 2016 to October 24, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 1, 2014, the Plaintiff entered into a sales store contract (hereinafter “B”) with B Co., Ltd. (hereinafter “B”) which is a basic contract, and supplied LE chips, etc. from B according to an individual contract and supplied them to domestic lighting manufacturers, etc.

The main contents of the instant sales store contract are as follows.

Article 1 (Purpose of Contract) This Agreement is to promote smooth trade between A and B by providing for the conditions in the purchase of contract products from "A" for resale, with a view to long-term continuation of this Agreement.

Article 3 (Individual Contracts) 3.3 Unless otherwise stipulated between A and B, the term "B" shall be deemed to be concluded when "A" submits a written order to "A" and "B" and "A" approves it.

Article 7 (Payment of Price) "A" shall issue a tax invoice as at the end of each month and pay "B" in cash by the end of the following month.

Article 12 (Return, etc. of Contract Products) 12.1 "B" shall complete return after written notification to "A" within 30 days from the date of discovery of the defect if there is a defect in a contract product after receipt of the contract product, and no return or subsequent damage shall be claimed to "A" when the contract product exceeds the due date or 90 days have elapsed after receipt of the contract product.

Article 15 (Term of Contract and Termination). The term of validity of this Agreement shall be one year from the date of conclusion of this Agreement, but may be extended by one year upon agreement of the parties.

15.3.Notwithstanding the provisions of Section 15.1.1. above, "B" may terminate this Agreement by means of a written notice to "A" where:

1. Where an application is filed for voluntary bankruptcy, rehabilitation procedures, liquidation, or procedures equivalent thereto of "A", both of which are referred to in Article 15.4 (where this contract is terminated, or terminated, the term "B" shall be referred to as "A".

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