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(영문) 의정부지방법원고양지원 2019.04.19 2018가합78025
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 148,262,840 as well as the full payment from October 11, 2018.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On January 3, 2018, the Defendant entered into a contract with the Plaintiff for the supply of goods, which the Defendant would supply to the Plaintiff, such as but not limited to the supply of but not limited to the supply of the goods (hereinafter “instant goods supply contract”) by setting the contract term as 12 months with the Plaintiff.

(A) Evidence No. 1). (b)

On January 8, 2018, the Plaintiff’s representative director D, a copy of the above D’s resident registration certificate at the Defendant’s office, consented to deliver the Plaintiff D’s product transaction to the place requested by the Plaintiff and his employee. He agreed to deliver the E company’s agent F. He signed it on January 8, 2018 (hereinafter “instant proxy consent”). At the time of the Plaintiff’s issuance of the Plaintiff’s corporate certificate of seal impression, the Plaintiff’s corporate registration certificate, and the Plaintiff’s business registration certificate (Articles 6-2 and 6-3) to the Defendant.

C. On January 8, 2018, the Plaintiff issued a performance guarantee insurance policy (No. 3) to guarantee the payment of credit goods payment to the Defendant against C Co., Ltd., with the insurance policyholder’s “Plaintiff”, “Defendant”, “150,000,000 won” and “from January 3, 2018 to January 2, 2019,” and delivered it to the Defendant.

From January 10, 2018 to the 13th day of the same month, the Defendant supplied coal gas equivalent to KRW 148,262,840 to the place designated by F.

E. Upon the Defendant’s request for the payment of goods, H’s representative of G Co., Ltd. and the Plaintiff’s representative D, around April 2, 2018, pay each of the KRW 100 million incurred in the transaction of “G Co., Ltd.” and KRW 50 million on April 16, 2018, and KRW 50 million on April 24, 2018.

(A) C company securities 150 million won issued by the Plaintiff are paid by 150 million won for the purchase of goods until September 30, 2018 (the Defendant) and immediately guaranteed securities when the payment for the purchase of goods is completed.

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