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(영문) 부산고등법원 2017.03.29 2016나50573
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne by each party.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company established for the purpose of sales business of steel and pets, etc., and the defendant is a company established for the purpose of sales business of steel and steel products.

From 2004 to the Defendant, the Plaintiff refers to the acid cryption generated by heating work when he voltages steel materials (MIL SCALE) from the Defendant. The Plaintiff recovered and used it for the acid cryption of steel, or as a raw material of steel.

The Defendant supplied B, and the Defendant has exported the smuggling supplied by the Plaintiff to the People's Republic of China (hereinafter referred to as "China").

As such, the Plaintiff was well aware that the Defendant was supplied with smuggling from the Plaintiff for the purpose of exporting to China.

China in the form of smuggling transaction between the Plaintiff and the Defendant requires “Fe 68% or more and SIO2 Ca 3% or less” as the requirements for importation of the first type of industrial wastes.

Accordingly, in order to export smuggling to China, the Republic of Korea must pass through the requirements for Chinese import after undergoing an examination of ingredients prior to shipment by the Korean Association of National Examination Certification for China and the Korean Limited Corporation (hereinafter referred to as "CCIC corporation") (hereinafter referred to as "the Republic of Korea"), in an export port prior to export to China.

On the other hand, the smuggling that the plaintiff supplied to the defendant is comprised of dust in the form of dust, and it is transported to a certain extent in the state of supply to prevent environmental pollution such as fugitive dust.

Accordingly, while trading smuggling, the plaintiff and the defendant tradeed the smuggling, and the quantity of the etricon, including several minutes, is less than the number.

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