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(영문) 서울중앙지방법원 2016.06.01 2014가단5227181
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is all dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. On July 22, 2013, Plaintiff A and the Defendant entered into a rental agreement (hereinafter “instant contract”) between Plaintiff A and the Defendant to lease 107 YNEX SUPPPER, unit price of KRW 650,000 (hereinafter “instant coffee”) monthly rental fee of KRW 1,767,000 (including additional tax, KRW 1,943,700), and delay damages of KRW 24% (hereinafter “instant contract”). Plaintiff B and C jointly and severally guaranteed the obligation under the instant contract of the Plaintiff A.

B. After entering into the instant contract, the Defendant entered into a contract to purchase 107 coffees from the representative E of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) and paid the price in full.

On April 16, 2014, Plaintiff A notified the Defendant of the rescission of the instant contract on the ground that he did not receive the instant coffee.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3 evidence, Eul's 3-1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted as the main claim that they want to run the business of selling original coffees by leasing 107 teas of this case from the defendant and setting up them free of charge in the party platform, etc. However, the representative of the non-party company that sold 107 coffees of this case to the defendant was at a place designated by the plaintiff A as well as installing only 28 coffees of this case at a place designated by the plaintiff A, resulting in a situation where normal business is impossible any longer because they did not set up the remainder. Since the defendant's non-performance of contractual obligations under the contract of this case and the plaintiff's rescission of the contract of this case on the ground that it did not perform its contractual obligations, the plaintiff's 12 times rentals of the 12 times rentals paid by the plaintiff A after July 22, 2013 were returned, and the time for payment has not yet arrived, and there is no other joint and several debt obligations of the plaintiff A and the other joint and several debt obligations of the plaintiffs.

As to this, the defendant.

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