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(영문) 서울북부지방법원 2019.09.24 2018나37114
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, and 10, evidence No. 12-1 through 5, evidence No. 16-1, 2, Eul evidence No. 3, 5, and Eul evidence No. 10 to 14.

The Plaintiff (formerly: D) is a company that engages in the business of manufacturing and selling clothes, such as sports and leisure supplies, and the Defendant is a company that engages in the import, wholesale and retail business, etc. of the goods, such as clothes and shoes, under the trademark of “F.”

B. On September 27, 2012, the Plaintiff supplied the Plaintiff with inventory goods, such as clothes, and the Plaintiff concluded a contract for goods supply with the content that the goods are sold to consumers (hereinafter “instant direct purchase transaction agreement”), and the Plaintiff received goods from the Defendant pursuant to the instant direct purchase transaction agreement from around that time to July 31, 2014 pursuant to the direct purchase transaction agreement.

(C) The Plaintiff’s claim for the purchase price of goods against the Defendant arising under the direct purchase transaction agreement of this case (hereinafter “instant purchase contract”).

On August 1, 2014, the Plaintiff entered into a permanent store agreement with the Defendant on the sales of the Defendant’s goods as the Defendant’s permanent store business operator, and entered into an additional agreement on the sales of the Plaintiff’s goods, which limits the Plaintiff’s fees from the sales of the goods and pays the remainder to the Defendant.

(hereinafter referred to as the “instant contract” in entirety of the foregoing permanent store contracts and additional agreements, and the Plaintiff’s consignment payment obligation for the Defendant incurred under the instant contract concluded on August 1, 2014 (hereinafter “instant consignment obligation”). D.

In order to guarantee the payment of damages liability owed to the defendant in the future according to the contract on August 1, 2014 of this case, the plaintiff shall be determined by the defendant, the insurance amount to be KRW 200 million, and the insurance period from November 3, 2014 to November 2, 2015.

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