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서울중앙지방법원 2018.11.29 2018가합537499
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 348,934,748 to the Defendant (Counterclaim Plaintiff) and its amount from April 13, 2018 to July 16, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The plaintiff is a company that manufactures and sells clothing and clothing raw materials, and subsidiary materials of original materials, and the defendant is a company that aims at manufacturing and selling clothing.

On February 13, 2018, the Plaintiff entered into a contract with the Defendant to supply the Defendant with 32,557km 1,288,771 US dollars (hereinafter “instant charging”).

(hereinafter “instant supply contract”). The parts relating to the instant supply contract relating to the instant case are as follows.

Article 1 (Basic Principles) (2) The defendant and the plaintiff enter into this contract on an equal basis. The plaintiff shall faithfully supply the goods that the defendant requested to supply to the plaintiff, and the defendant shall pay the price to the plaintiff in good faith and pursue joint development between the defendant and the plaintiff.

Article 2 (Details of Contracts) (1) The defendant shall make the following selections to the plaintiff:

The plaintiff should make 70.80 GH 20/20 1,425, 425 GH 40.80 GH 41.80 41.80 WHH 70/30 50 370 37.0 GH 12,950 37.0 37.50 WH 6.0 37.50 WH 6.50 6.0 37.50 WIT 60/6.00 37.0 37.50 WIT 60/40, 420-4708.00 GH 6.50, 2058.0 GH 16.50/6.16.0 of 7.50 GIT 37.50 WIT 60/6.00, 205

3. If the Plaintiff fails to implement the foregoing paragraphs, it shall reimburse the Defendant for 25% of the amount of the failure to perform.

④ The conversion of U.S. dollars into U.S. dollars when the defendant and the plaintiff trade as Korean won standard or make a reimbursement to the defendant.

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