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(영문) 부산지방법원 2016.04.28 2015가단219500
채무부존재확인
Text

1. On June 2010, the Plaintiff (Counterclaim Defendant)’s panel on the part of the Defendant (Counterclaim Plaintiff) for the Roterter specified in the [Attachment List No. 1].

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that has a place of business in Japan and the Busan Dong-gu and operates trade business.

The defendant is running the manufacturing business of electric motors and power generators, etc. with the trade name of "C".

B. Around June 2010, the Plaintiff requested the Defendant to manufacture a set of 150P 1 (hereinafter referred to as “first machine”) as stated in [Attachment List No. 1] to sell in Japan.

On June 2010, the Plaintiff and the Defendant entered into a contract for the supply of goods (hereinafter “instant supply contract”) with the content that the Defendant manufactures KRW 27 million for the first machinery and supplies it to the Plaintiff.

On November 30, 2010, the Defendant manufactured and supplied the first machinery to the Plaintiff.

C. On April 22, 2011, the Defendant sent to the Plaintiff, by facsimile, the OFER SHET, and evidence B as to the set 180P 1 set (hereinafter “second machinery”) as indicated in [Attachment List 2] to the Plaintiff.

On April 26, 2011, the Plaintiff remitted KRW 21,088,00 to the Defendant.

E. Around 2013, the Plaintiff sold machines No. 1 to Sejong Land Co., Ltd. for KRW 30 million.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 2, Eul evidence Nos. 2, 3, 8 through 11, and the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion is selectively asserted as follows.

1) Around June 2010, the Plaintiff: (a) requested the Defendant to manufacture a 1 machine to sell the 1 machine in Japan; and (b) concluded a contract for the supply of the 1 machine of this case that the Defendant manufactures and supplies the 27 million won machinery to the Plaintiff. On November 30, 2010, the Defendant manufactured and supplied the 1 machine to the Plaintiff. In addition, around December 2010, the Plaintiff requested the Defendant to manufacture the 2 machine to sell the 2 machine in Japan; and (c) made and supplied the 2 machine to the Plaintiff (hereinafter “instant supply contract”).

AB concluded the agreement.

The defendant on April 2011.

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