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(영문) 서울동부지방법원 2020.05.19 2019가단9607
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a wholesale market corporation listing and selling fishery products after being designated by the Seoul Special Metropolitan City Agriculture and Fisheries Food Corporation, and the plaintiff is a company that reported to the Seoul Special Metropolitan City Agriculture and Fisheries Food Corporation as a trade participant.

The trade participant Gap: The defendant Eul: Article 3 (Transaction Security Deposit) (1) of the "B" shall pay 45,000,000 won to "A" with a transaction security deposit (performance security deposit) in order to participate in the listing trade conducted by "A."

Article 4 (Transaction Limit Amount) The credit limit amount referred to in Article 4 (Transaction Limit Amount) shall be within the transaction deposit.

However, "A" and "B" shall be determined by a separate consultation with regard to the increase in the transaction limit according to the transaction credit rating.

Article 6 (Payment of Listing Price) (1) "B" shall pay the price for the listing sale of fishery products purchased from "A" to "A" by the following day.

(2) When the amount of the listed trade price referred to in paragraph (1) is not paid to the "A" by the designated date, "B" shall bear an amount equivalent to the interest rate set forth in the separate special agreement prepared.

Article 9 (Suspension of Transactions and Termination of Contracts) (1) Where “B” falls under any of the following subparagraphs, “A” may suspend the transaction:

1. Where he/she violates Acts and subordinate statutes related to wholesale markets and guidelines therefor and constitutes grounds for business suspension;

3. Where the listed sale price is not paid to “A” within a designated date despite the peremptory notice for performance. ② “A” may demand the performance of the transaction when “B” has been suspended; and “A” may unilaterally terminate or rescind this Agreement when it has not been performed despite the peremptory notice for performance.

(3) In the event that this Agreement is terminated, all obligations against “B”’s “B” shall lose the benefit of time, and “B” shall immediately pay all obligations to “A” in cash.

In such cases, "A" shall be offset or security.

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