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(영문) 서울북부지방법원 2018.09.11 2016가단133666
채무부존재확인
Text

1. From November 3, 2014 to November 1, 2015, the Plaintiff’s term of contract concluded on August 1, 2014 between the Plaintiff and the Defendant against the Defendant.

Reasons

1. Basic facts

A. On September 27, 2012, the Plaintiff (former: D) and the Defendant entered into a contract for the supply of goods with the intent to receive and sell inventory goods, such as clothes, from the Defendant. From that time to August 1, 2014, the Plaintiff entered into a transaction in the form of direct purchase of goods from the Defendant with the burden of selling the goods to the Defendant, and accordingly, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant private obligation”).

B. After August 1, 2014, the Defendant: (i) as the Defendant’s permanent store business operator, the Defendant entered into an additional agreement on the sales of the Defendant’s goods [Article 20(5) of this Decree, stipulating that “if the Plaintiff delays the payment of the sales proceeds and other debts to be paid by the permanent store business operator (the Plaintiff’s name) to the head office (the Defendant’s name), the head office may claim damages for delay of 19% per annum for the unpaid amount from the date following the due date to the date of payment; and (ii) the permanent store business operator shall pay the unpaid amount to the head office.” (Article 20(5) of this case’s additional agreement on purchase (the transaction in which the Plaintiff sells the goods upon entrustment; hereinafter the same shall apply) between the Plaintiff and the Defendant pursuant to the contract on the permanent store (the total contract of this case entered into on August 1, 2014).”

C. The Plaintiff concluded a performance guarantee insurance contract that guarantees the payment of liability for damages under the instant contract against the Defendant with E Co., Ltd. and the Defendant, the amount of insurance coverage, KRW 200,000,000, and the insurance period from November 3, 2014 to November 2, 2015 (hereinafter “instant contract period”), and accordingly issued the performance guarantee insurance policy and delivered it to the Defendant. The Plaintiff’s supplementary intervenor is the Plaintiff.

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