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(영문) 서울중앙지방법원 2015.04.23 2014가합60380
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 105,251,218 to the Defendant (Counterclaim Plaintiff) and its payment from November 5, 2014 to March 5, 2015.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each statement in the evidence Nos. 1 to 8 (including the number of each branch; hereinafter the same shall apply) of the premise facts as the whole.

The Plaintiff and the Defendant concluded a commodity supply contract and home shopping exclusive broadcasting sales license contract with the content that the Defendant would receive goods manufactured by the Plaintiff and sell them in home shopping as indicated below. The common contents of each commodity supply contract and home shopping exclusive broadcasting sales license contract are as listed in the attached Table.

On September 2, 2013, Hyundai Home Shopping Co., Ltd. 2, 196, KRW 200,00 from Sep. 2, 2013 to February 1, 2014; KRW 480,000,000; KRW 1,946,115,621 MIS J. J. 21 on October 30, 2013; KRW 60,00, KRW 200, KRW 205, KRW 40, KRW 200, KRW 40, KRW 200, KRW 200, KRW 200, KRW 400, KRW 200, KRW 305, KRW 200, KRW 400, KRW 204, May 30, 2013, KRW 2013.

The Plaintiff supplied goods to the Defendant under each of the above contracts, and the Defendant broadcasted and sold them, and received each payment from each home shopping company for the sale proceeds indicated in the “sale proceeds” column of the above Table.

On November 5, 2014, the Defendant claimed payment of KRW 105,252,218 (i.e., total of KRW 2,580,00,000 in advance - total of sales proceeds of the Defendant 2,474,745,782) to Seoul Guarantee Insurance Co., Ltd.

2. Claim for a counterclaim for the convenience of claiming a counterclaim:

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