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(영문) 대구지방법원서부지원 2014.11.14 2014가합2403
채무부존재확인
Text

1. The Plaintiff’s obligation against the Defendant on January 3, 2014, drafted between the Plaintiff and the Defendant, on the basis of the letter of rejection of payment.

Reasons

Based on the facts, the Plaintiff entered into a contract for the supply of machinery and equipment between the Plaintiff and Nonparty B on January 3, 2013, and the Plaintiff entered into a contract with Nonparty B on the manufacture and installation of machinery and equipment (hereinafter “instant contract”) with each of the following contract terms, which are supplied by the Plaintiff from the said B in the total contract amount of KRW 1,670,00,000 (excluding value-added tax). The instant contract includes the following contract provisions:

Article 3(1) Payment Period: “B” (B) shall deliver the contractual goods to “A” within nine months (9.30.9. 30. 2013) from the date of the contract, and “A” shall take over them within the said period. Provided, That in extenuating circumstances, the payment period may be extended through mutual consultation. “B” shall be delivered to the place designated by “A” (including the lower installation work).

3) Place of acceptance: Mopo-ro 2194-6 (hereinafter referred to as “Plaintiff factory”) in Daegu-gun Mapo-ro

(1) On the other hand, the Plaintiff agreed with B to pay the down payment at the time of the instant contract, the intermediate payment at the time of the completion of the installation of the machinery, and the remainder at the time of the completion of the operation of the machinery. (1) The remainder of KRW 465,00,000: (2) the intermediate payment: 895,000,000: (3) the Plaintiff extended the delivery period of the instant machinery and equipment to the first patrolman on December 2013, 2013 on the ground that the instant machinery and equipment had come to fall short of KRW 310,00,000,000; and (2) from November 201, 2013, the Plaintiff began to build some parts of the instant machinery and equipment in the Plaintiff factory.

The Defendant, a creditor of B, such as the drawing up of a letter of payment between the Plaintiff and the Defendant, is the case where the Defendant, at the beginning of November, 2013, is below the main parts necessary for the manufacture of the instant machinery, such as California dinums, rolls, beeing, etc., which had been at the factory B.

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