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(영문) 광주지방법원 2015.06.25 2014가합57008
채무부존재확인
Text

1. The obligation based on the agency contract concluded on July 12, 2013 by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is set forth in paragraph (2) below.

Reasons

1. Basic facts

A. The Defendant is a company engaged in the manufacture and sale of drinking spring water. The Plaintiff is a person who, under a contract with the Defendant, set up and sells drinking water in the name of “B” by concluding an agency contract with the Defendant.

B. On July 12, 2013, the Plaintiff entered into an agency contract and a commodity transaction agreement under which the Defendant will receive and sell raw water (hereinafter referred to as “instant contract”) and the main contents thereof are as follows.

【Agreement on Trade Agreements】 Contract term: 1,650 won (on July 12, 2013 to July 11, 2016) agreed quantity: 72,000 copies (on July 25, 2013, the contract shall be automatically extended if the amount purchased by the Plaintiff from the Defendant at the time of the termination of the contract is below 72,000 copies) for three years: The Defendant’s free payment deposit for KRW 6,000 (on July 25, 2013, the amount equivalent to KRW 9,900,000) for the Defendant’s free payment to the Defendant until July 25, 2013: the Plaintiff shall pay KRW 10,000,000 for sales of goods outside the territory of the Defendant, the repayment deposit for the refund of KRW 10,000,000,000.

In any of the following cases, Article 13 (Termination of Agency Contract) A (the defendant; hereinafter the same shall apply) of the Agency Contract may terminate the contract with B (the plaintiff; hereinafter the same shall apply) after giving notice at least once in advance within one month from the date on which the cause occurs, even if the contract falls under any of the following subparagraphs:

1. Where Eul intentionally violates the matters prescribed in this contract;

3. Where Eul has failed to meet its obligation to pay the price for goods and any obligation it has promised in advance to Gap on three or more occasions.

4. Where Eul has terminated the transaction with Gap.

C. The Plaintiff, until July 7, 2014, has a problem with the quality of the raw water supplied to the Defendant by June 2014, and thus, even if the supply unit price is increased, a demand was made to supply the raw water manufactured in another factory, other than the existing raw water manufacturing factory, and the Defendant refused to change the manufacturing factory because it is difficult to change the manufacturing factory, and on July 8, 2014.

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