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(영문) 대전지방법원논산지원 2015.04.01 2014가합2273
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 22, 2009, the Plaintiff operating a food consignment sales agency in the name of "C" entered into a consignment contract with the Defendant, which provides that the Plaintiff shall supply the red ginseng beverage products in the articles of association to the Eart designated by the Defendant and shall receive consignment commission (excluding the value of supply of the Korea Ginseng Corporation, the Embry powder products, and the Defendant’s fee) from the Defendant at the monthly settlement of accounts (hereinafter “instant contract”). Under the above contract, the Plaintiff directly received the products from the Korea Ginseng Corporation or received the products owned by the Defendant, and supplied them to the relevant Empt.

B. On November 23, 2011, while the transaction continued, the Defendant’s input amount from Eart does not fall short of the value of the goods supplied by the Defendant to the Plaintiff. On November 23, 2011, the Defendant identified the inventory of the Plaintiff’s custody together with F, an employee of the Korea Ginseng Corporation. In the participation of the Plaintiff’s employees G, the inventory inspection was conducted by comparing the sum obtained by multiplying the quantity by the unit price supplied by the Defendant to the Plaintiff, and the amount obtained by multiplying by the unit price provided by the Defendant in the transaction ledger prepared by the Defendant, the inventory amount of KRW 142,168,528, and the inventory amount of KRW 38,1

Meanwhile, in the process, the Plaintiff signed the letter of approval of the Director General of the Credit Sales Contract (30 pages out of the evidence No. 2 of the document No. 2 of the document No. 1 of the document No. 2 of the document No. 38,152,210), and the Defendant confirmed the Defendant’s plan to repay the amount of 30,000 won, which was incurred while operating the Nonghyup entrusted agency, as follows: November 1, 200, KRW 500,000,000 won, KRW 500,000,000 won in January 5, 200, KRW 500,000 in February, and KRW 5 million in March (hereinafter “instant certificate”).

C. The Defendant has prepared a trading ledger in the course of trading with the Plaintiff, and March 2014.

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