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(영문) 서울중앙지방법원 2015.11.11 2015가단5181176
채무부존재확인
Text

1. The Plaintiff’s obligation to compensate the Defendant for damages arising from the purchase contract of March 7, 201, which was concluded on March 7, 2011, KRW 5,202,960.

Reasons

1. Facts of premise;

A. 1) On March 7, 2011, the Plaintiff entered into an insurance contract for the instant contract and the performance guarantee insurance contract (hereinafter “instant goods”) with the Defendant, as indicated below, and 3 24 promptly dismantled and live-proof clothes as follows (hereinafter “instant goods”).

(B) 19,586,500 won for counter-terrorism materials of 12 kinds, including others, until September 3, 2011 (the 24 amount for prompt removal and destruction of 24 won among these) are 52,029,60 won.

3) The purchase contract for goods to be supplied to the Corporation (hereinafter “instant contract”).

(2) In concluding the contract of this case, the Plaintiff concluded a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. and the Defendant as the insured on the same day with the contract amount of KRW 199,586,50,500, the guaranteed amount of KRW 19,586,500, the guaranteed amount of KRW 19,586,500, and the guarantee period from March 7, 2011 to September 3, 2011 (if the principal contract is extended, notwithstanding the foregoing insurance period, the insurance liability is stipulated by the special agreement until the actual due date of the contract), and submitted the performance guarantee insurance policy to the Defendant in lieu of the contract deposit.

B. Of the instant contract, the Plaintiff failed to supply the instant goods by September 3, 201, and the Defendant notified the Plaintiff on May 25, 2012 that the goods should be supplied by May 31, 2012. However, the Plaintiff failed to supply the instant goods by May 31, 2012, and the Defendant notified the Plaintiff on July 25, 2012 that the part of the instant contract should be rescinded among the instant goods. 2) Thereafter, the Defendant intended to withhold the termination of contract as of July 25, 2012, and notified the Plaintiff again that the Plaintiff will perform the contract by the end of December 12, 2012. However, the part of the instant contract rescission as to the instant goods was rescinded by the Defendant’s declaration of intent under the contract rescission on December 31, 2012.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 and 2 evidence, and arguments.

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