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(영문) 의정부지방법원고양지원 2019.04.19 2018가합75996
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 279,107,240 as well as the full payment from October 11, 2018.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On October 24, 2017, the Defendant: (a) was a company engaging in wholesale and retail business, such as electric machinery, lighting machinery, and but the Plaintiff entered into a contract for the supply of goods to the Plaintiff by setting the contract period as 12 months; (b) the Defendant supplied but the amount of the goods to be paid on the date designated by the Defendant twice a month (hereinafter “instant contract for the supply of goods”).

(A) Evidence No. 1). (b)

On October 24, 2017, the Plaintiff issued a performance guarantee insurance policy (Evidence 3) with the insurance policyholder’s “Plaintiff”, “Defendant”, “Defendant”, “200,000,000 won” and “from October 19, 2017 to October 18, 2018” to guarantee the payment of credit goods payment to the Defendant against the Defendant. The Plaintiff issued the performance guarantee insurance policy (Evidence 3) to the Defendant.

C. Around October 27, 2017, the Plaintiff’s representative director D, at the Defendant’s office, gave consent to deliver the Plaintiff’s representative director D’s license to the place requested by the Plaintiff and his employee in the transaction of the Defendant’s goods. The Defendant’s prior consent was signed on October 19, 2017, stating “D’s representative director” (hereinafter the above document as “instant agency consent”). At the time of the Plaintiff’s issuance of the Plaintiff’s corporate certificate of seal impression, the Plaintiff’s corporate certificate of seal impression, and the certificate of business registration (Articles 7-2 and 7-1) to the Defendant.

The Defendant supplied carbon equivalent to KRW 829,460,450 from October 25, 2017 to February 13, 2018 according to the instant goods supply contract as a customer required by the Plaintiff.

(No. 5) e.

In the early stage where the Defendant supplied butane gas according to the instant goods supply contract, Nonparty E was involved in the Plaintiff’s business, and F was engaged in the Plaintiff’s business as the Plaintiff’s agent from January 2018.

F. Accordingly, the defendant, around April 2, 2018, has been existing to the plaintiff.

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