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(영문) 서울동부지방법원 2015.06.16 2013가합711
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 1,642,070,054 as well as the full payment from January 1, 2013.

Reasons

(c)be deducted from the proceeds to be paid to B;

② With respect to the preceding paragraph, “A” may submit “A” before filing a claim for the value of CLAIM, stating the grounds for extension, to “A” and “A” shall reflect “A” submitted to B at the time of settlement of the value of CLAIM.

(3) The number of days delayed following the amendment of Gap's instructions shall not be reflected in the value of CLAIM.

(4) The amount of storage and treatment shall be at least 90% in packaging as determined by Gap on the date of payment under the contract, and where the date of payment falls on a holiday, it shall be the following day.

(5) Where 90% of the total amount entered into the Republic of Korea and 10% of the total amount entered into the Republic of Korea, A shall not claim the value of CLAIM to B within five days.

6. The “A” may be refused to bring the delay in the payment period, if it is anticipated that the delay in the payment period is a problem with the sales of goods, and if it is determined that the delay in the payment period is likely to occur.

The number of 5-7 days from the date of delay* the number of 8-10 days to the date of delay * the number of 8-10 days to the date of delay *0.7% of the number of 11-13 days to the date of delay *1.0% of the number of 11-13 days of delay * the number of 14 days to the date of delay * Gap's judgment, and the plaintiff filed a claim for compensation by applying the rate of 1.5% of the number of delayed days in this case from the warden when the number of delayed days in this case exceeds 14 days, and the plaintiff applied the rate of 1.0

C. 1) The Plaintiff prepared a supply contract (Evidence 6) on May 17, 2012 with the Defendant separate from the instant manufacture consignment contract and the instant quality control contract (hereinafter “instant supply contract”) (hereinafter “instant supply contract”).

(2) The relevant content of the instant supply contract is as follows.

1.을(피고, 이하 같다)이 갑(원고, 이하 같다)에게 납품할 세부내용 구분 브랜드 품목 소재 수량 단가 결재금액(VAT 미포함) 납기일 1 PANCOAT CREWNECK 100% cotton terry, 350GR/SQM '3단쭈리 원단'이라고도 한다.

35,000 al s 12,570 s 439,950,00

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