logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.27 2017가합501585
채무부존재확인
Text

1. The Defendant (Counterclaim Defendant)’s obligation under the sales contract on February 15, 2016 to the Plaintiff (Counterclaim Plaintiff Co., Ltd.).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)’s trade name from around 2002 to “D”, and from around 2009 to “E”, a person who imports the original body in China or manufactures the clothing and supplies it to a domestic clothing company. Defendant C Co., Ltd. (hereinafter “Defendant C”) that Defendant B is a representative director, is a company engaging in the receipt and entry of non-metallic metals, plastics, etc.

B. On February 15, 2016, the Plaintiff and Defendant C drafted a sales contract. The details are as follows.

(hereinafter referred to as “instant contract”). Article 2 (Period of Contract), Section 3 (Name and Quantity of Contract Goods) of February 2016 to December 2016, Article 4 (Standard and Quantity of Contract Goods) of the Original Group of December 2016, this contract is a blanket contract that falls under the year 2016, and Article 5 (Unit Price of Sale) of the Contract shall be the amount calculated by adding 10% profit to the sum of the total amount of expenses, such as conversion of exchange rates, transport expenses, etc., out of the written request for ordering the contract.

Article 6 (Payment of Price Settlement Conditions) The arrival of the designated warehouse by the purchaser (Plaintiff) shall be paid in full in Korean won within the end of the month following the issuance of the tax invoice under Article 7 (Payment Terms).

Tax invoices shall be issued on the date of shipment to the seller (Defendant C) after customs clearance.

Article 8 (Matters of Special Agreement) 1) The buyer (Plaintiff) shall give prior notice to the seller (Defendant C) at least five business days prior to the remittance of the order. 2) The seller (Defendant C) shall send the remittance receipt and the money exchange money to the buyer (Plaintiff) after the transfer of the order to purchase the product.

3 Tax invoices shall be issued on the date of release after import clearance.

C. Defendant C received a written request for ordering an original order from the Plaintiff from February 15, 2016 to September 19, 2016, and thereafter, the original amount indicated in the written request for ordering the original order from February 22, 2016 to September 20, 2016 is the original amount indicated in the F Company’s name.

arrow