logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.14 2018가단5143601
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) from March 23, 2018, with respect to KRW 48.4 million and KRW 36.3 million among the Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant (Counterclaim Plaintiff) (hereinafter “Defendant”) is a company running indoor decoration construction business, etc., and among the new hotel construction business in Jung-gu Seoul Special Metropolitan City Dental (E hotel), the interior hall (hereinafter “instant construction”).

The Plaintiff (Counterclaim Defendant) (hereinafter “Plaintiff”) is a person who agreed to supply the Defendant with the trade name “F,” such as sunset, etc. necessary for the instant construction work.

On February 21, 2018, the Defendant entered into a commodity supply contract (hereinafter “instant contract”) under which the Plaintiff and the Defendant are to receive the GRG futures (hereinafter “instant materials”) from the Plaintiff, with respect to the instant construction works, the supply amount shall be KRW 122,100,000 (including value-added tax), and the advance payment shall be paid in cash, 30% shall be paid in cash, 40% shall be paid in bills after the completion of on-site supply, 30% shall be paid in bills after the completion of on-site supply, and the contract deposit shall be 10%, and the product supply contract (hereinafter “contract”) shall be drawn up under mutual agreement as follows:

If necessary, the defendant may change the quantity and quantity of goods, and in such cases, the plaintiff shall increase, decrease, or deliver the goods to him/her in accordance with the unit price of the contract, and shall not refuse the defendant's request for change

(Article 8 of the Contract). When it is deemed that the plaintiff is unable to perform the contract due to the failure to supply the goods within the payment period without justifiable grounds, the defendant may acquire the contract bond as penalty and cancel or terminate all or part of the contract.

(Article 11(1)1 of the Written Contract. At the time, the written contract includes a description of a request for estimate of the details containing a fair sheet and the unit cost of supply by item, etc. as part of the written contract. The Plaintiff shall observe the said description and ensure that all the matters required by the said description are satisfied.

B. In accordance with the instant contract, the Defendant is at least 30% of the amount supplied as advance payment to the Plaintiff around February 28, 2018.

arrow