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(영문) 서울중앙지방법원 2020.03.31 2019가단1631
채무부존재확인의 소
Text

1. The plaintiff (Counterclaim defendant) based on the transaction agreement between the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company that manufactures and sells books, manufactures and sells educational publications, and sells books, and the Plaintiff is a person who sells books in the trade name of “C”.

B. Around October 2012, the Plaintiff entered into a contract with the Defendant to sell the books supplied by the Defendant in a specific region by setting the contract period as of August 31, 2013, and the contract was renewed on a yearly basis thereafter (in the first contract with the area where the sale was a Daejeon, pentcheon, and YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Meanwhile, the Plaintiff entered into a payment guarantee insurance contract with D Co., Ltd. (hereinafter “D”) with the insurance coverage amount of KRW 20,000,000, and the insurance coverage period from December 15, 2017 to August 31, 2018 (hereinafter “instant insurance contract”).

The Plaintiff and the Defendant traded under the instant supply contract by November 2, 2018. On November 16, 2018, the Defendant sent to the Plaintiff a certificate of content that “The payment of unpaid goods amounting to KRW 13,960,132 by November 30, 2018,” and the said certificate of content reached the Plaintiff around that time.

E. After December 12, 2018, the Defendant claimed KRW 13,960,132 insurance money based on the instant insurance contract to D on the ground that the Plaintiff did not pay the price of goods under the instant supply contract, and D notified the Plaintiff of the occurrence of the foregoing insurance accident on December 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 2 and 8, the purport of the whole pleadings

2. Determination as to the counterclaim.

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