logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.12.24 2014가합511116
채무부존재확인
Text

1. The plaintiff's obligation for the purchase price of goods to be borne by the plaintiff pursuant to the transaction agreement dated November 18, 2002 against the defendant as of November 18, 2002.

Reasons

1. Basic facts

A. On March 19, 199, the Plaintiff engaged in the business of selling building materials, etc., entered into a trade agreement with the Defendant on the supply of building materials, such as the Defendant’s business of manufacturing, processing, and selling various kinds of building materials, and the Defendant’s “outstanding materials, such as roof materials such as SLAET, ASCAL, etc., fireproof materials such as tin, etc., and ALC, etc.” (hereinafter “instant building materials”).

B. On November 18, 2002, the Plaintiff entered into a new transaction agreement with the Defendant (hereinafter “instant transaction agreement”) with the same content as the said transaction agreement, and was supplied with the instant building materials by the Defendant from around that time to November 30, 2013.

C. On November 30, 2013, the Defendant filed a lawsuit (this Court 2014Gahap13469; hereinafter “related lawsuit”) against the Plaintiff, etc. seeking the amount of KRW 396,123,020 in balance of the goods payment obligation under the instant transaction agreement (hereinafter “instant obligation”), and damages for delay from November 30, 2013, and the date on which the judgment on the relevant lawsuit was rendered is December 24, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, an obvious fact in this court, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) discontinued transactions pursuant to the instant transaction agreement with the Defendant on November 30, 2013, and the debt of this case remains 396,123,020 won. However, as the Plaintiff transferred to the Defendant the claim of KRW 123,410,360 in total in lieu of paying the debt of this case, the debt of this case remains 272,712,660 won after deducting the above KRW 123,410,360 from the above KRW 396,123,020. 2) The Plaintiff issued the Defendant a credit guarantee letter of credit guarantee issued by the Korea Credit Guarantee Fund as security for the debt of this case, and the Plaintiff completed the registration of the establishment of a mortgage of KRW 1109,00,000 in total with respect to the apartment of this case (hereinafter “instant apartment”).

The defendant around May 29, 2014.

arrow