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(영문) 수원지방법원평택지원 2020.12.10 2020가합8496
채무부존재확인
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A (hereinafter “Plaintiff A”) and D Co., Ltd. (hereinafter “D”) are companies engaged in the business of processing steel products, and the Defendant is companies engaged in the business of selling steel and building materials.

B. 1) On January 19, 2017, Plaintiff A provided the period of contract between the Defendant and the Defendant from February 1, 2017 to July 31, 2018, and the Defendant provided the Plaintiff with the iron bars to Plaintiff A, and the Plaintiff A processed it and “E New Construction Work Site” (hereinafter “instant First Site”).

3) The contract for the steel processing (hereinafter “instant contract”) under which the delivery is to be made

At the time of the conclusion of the instant contract. At the time of the conclusion of the instant contract, the Plaintiff and the Defendant agreed with the Defendant on February 1, 2017 (hereinafter “F”), with respect to the management of the steel bars provided by the Defendant to the Plaintiff, “In principle, the steel bars shall be owned by the Defendant, and the Plaintiff shall be immediately returned at the time of the Defendant’s request for return, and if there is any remaining steel bars at the time of the termination of the contract site, the transfer at the Plaintiff’s expense to the place designated by the Defendant” (Article 8(2) and (6) (Article 8(2)). At the time of the conclusion of the instant contract, the Plaintiff entered into an agreement with the F Co., Ltd. (hereinafter “F”) on February 1, 2017; the insured; the insurance amount was KRW 200 million; the insurance period was each set of the insurance period under the instant contract; the performance guarantee insurance contract (hereinafter “payment guarantee insurance contract”) with respect to the Plaintiff F Co., Ltd.’s debt guarantee insurance contract for the Plaintiff.

C. The Defendant: (a) as between May 18, 201, the term of the contract on May 18, 2017 is from May 16, 2017 to November 15, 2018; (b) provided the Defendant with iron bars to D; and (c) processed D to “G new construction site” (hereinafter “second site”).

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