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(영문) 대구지방법원경주지원 2016.11.03 2015가단13891
채무부존재확인
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 28,669,000 from the Plaintiff (Counterclaim Defendant) and its related thereto from January 7, 2016 to November 3, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person engaged in the automobile parts manufacturing business under the trade name of “B,” and the Defendant is a company engaged in the steel structure manufacturing and metal materials processing business, etc.

B. On April 24, 2015, the Plaintiff entered into a contract with the Defendant under which the Defendant would pay the Plaintiff an advance payment of KRW 50 million and collect and transport scrap metal arising from the Plaintiff’s workplace, thereby deducting the said advance payment from KRW 50 million (hereinafter “instant contract”). The details thereof are as follows.

(‘A’ and “B” refer to the Plaintiff, and “B” refer to the Defendant respectively). Article 1 (Contents) B of the Act on the Collection and Transportation of Scrap iron (chips, inferior scrap metal, discarded scrap metal, waste materials) generated in C at the time of B racing, and Party A shall delegate all these acts to Party B.

Provided, That in delegation, Eul shall pay Gap an advance payment of KRW 50,000 to Gap in the form of advance payment. The scrap metal (chips, defective, discarded scrap metal, waste materials, and standards) shall be issued on the last day of each month as an invoice issued on the basis of changes at monthly rates.

Article 2 (Contract Terms and Extensions) This Agreement shall enter into force on April 24, 2015 and shall become effective until April 23, 2019, and may be renewed by mutual agreement.

Article 3(Management and Regulation) B shall be faithful and shall have the rights and obligations in the management of scrap metal (chips, inferior scrap metal, waste scrap metal, waste materials and standards) generated in B under an agreement with Party A.

B shall enact and observe the management regulations, thoroughly regulate the surrounding environment, and shall not be affected by A in the course of operation.

If there is damage, only that part shall be responsible.

B shall comply with A’s instructions in respect of the day occurring in B, and in the boundaries of scrap metal (chips, inferior scrap metal, waste metal, waste materials, and stand).

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