(영문) 서울중앙지방법원 2019.06.25 2018가단25197

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(영문) 서울중앙지방법원 2019.06.25 2018가단25197

채무부존재확인의 소

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Plaintiff) on 21,515.

Reasons

1. Basic facts

A. On April 16, 2015, the Plaintiff entered into a consignment contract with the Defendant on the instant store (hereinafter “instant store”) (hereinafter “instant contract”) and operated the instant store from the end of April 2015 to October 18, 2017.

Of the content of the instant contract, the following matters are relevant to the instant contract.

Article 7 (Payment of Price) (1) Cash settlement shall be made in a designated manner on matters concerning the payment method, date, etc. of the sales proceeds for goods supplied by the defendant.

(2) In the event of delay in the payment of the price by the plaintiff, the defendant shall conduct the following affairs as follows, and the plaintiff shall not raise any objection.

(a) suspend the supply of goods for a specified period or terminate or cancel a contract;

(B) The damages for delay may be claimed from the day following the agreed date, and the interest rate on the damages for delay shall correspond to the overdue interest rate on the Defendant’s principal bank’s loans. When delay is delayed for at least three months, it shall be separately determined within the maximum statutory interest and notified at least seven days

B. On October 2017, the Defendant prepared and delivered to the Plaintiff a detailed statement of accounts of accounts of accounts of closure. The Plaintiff’s payment to the Defendant is KRW 48,234,380, and the Plaintiff’s payment to the Defendant remains in KRW 17,734,380.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 8 and 9 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim claim

A. The plaintiff's assertion is that the defendant does not mention the business period of the store of this case and the delay damages during the business period of the store of this case after the closure point, and the plaintiff is claiming the payment of the above delay damages after April 2018. The plaintiff directly pays the contract of this case.

유사 판례

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