(영문) 서울중앙지방법원 2017.01.26 2015가합536372

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(영문) 서울중앙지방법원 2017.01.26 2015가합536372

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 23, 2014, the Plaintiff entered into a goods supply contract between the Defendant and the Plaintiff on September 23, 2014 with the content that the Plaintiff would supply the instant goods to the Defendant (B; hereinafter “instant goods”).

The main contents of this contract are as follows. Article 1 / [Purpose] The purpose of this contract is to request the Plaintiff, who is a developer, to place an order for the manufacture of telecommunication bbox (B) to the Plaintiff, and the Plaintiff is to supply the goods ordered by the Defendant (Article 2) to the Defendant. If necessary to promote the transaction, the Defendant shall provide the Plaintiff with some production funds by the Defendant’s judgment, and the Plaintiff shall contribute to the joint interest based on mutual trust for the stable expansion of the market base and mutual development and prosperity. The goods in this contract refer to the “KT-oriented Telecommunications bbox (B)” (hereinafter referred to as the “goods”). Specific specifications are governed by separate commodity technology.

3. The defendant shall place an order to the plaintiff for one-lane 10,000 (3,00,000,000,000) for this good.

4. The Plaintiff must ensure that the Defendant does not interfere with the production and supply of the goods ordered by the Defendant for the supply of the instant goods.

5. The defendant shall be actively supported with the plaintiff for mutual interest and development, such as technical assistance and marketing cooperation, in order to expand overseas business and domestic business.

6. The Plaintiff is responsible for the development and quality, production, and A/S of this good.

Article 4 (Supply Price and Sale Price of Goods)

1. The price that the plaintiff supplies to the defendant shall be 285,000 won per unit (excluding value-added tax).

This is the amount that the defendant guarantees 5% per 1 defendant from the price (300,000 won and value added tax separately) that the defendant supplies as the case.

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