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(영문) 서울동부지방법원 2014.11.12 2014가합102089
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 61,00,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. The fact of recognition is that the Defendant, under the trade name of “C,” is a business proprietor who runs the manufacturing and wholesale business of clothing and wholesale business, exported the original parts to Vietnam, etc., and the Plaintiff performed duties, such as ordering and supplying the original parts of the Defendant’s business.

The defendant received a clean that the quality of the original group ordered and supplied by the plaintiff from the business partner in Vietnam is low, and part of the original group supplied to the business partner in Vietnam was returned to the defendant in accordance with the above terms.

On October 6, 2013, the Plaintiff prepared and delivered a cash payment plan (No. 3) stating that “The Defendant promised to pay USD 10,000 and USD 100,000 to the Defendant,” and on October 22, 2013, the Plaintiff borrowed USD 100,000 from the Defendant and USD 10,000 in the United States dollars” (No. 4).

After that, the Plaintiff paid 39,000,000 won out of the agreed money in relation to the Plaintiff’s compensation for damages.

[Ground of recognition] Gap evidence Nos. 3, 4, 7, 19, 21 through 29 (including numbers), Eul evidence Nos. 1, 3, 6 through 6, 8, 9, 11, the fact-finding with respect to the Korea Customs Service of this Court, and the purport of the whole pleadings

2. According to the above facts of recognition as the cause of the counterclaim, the Plaintiff is obligated to pay the Defendant the amount of KRW 61,000,000,000, and damages for delay, which the Defendant seeks, out of the unpaid agreed amount, to the Defendant, as a result of the preparation and delivery of the said cash payment plan and the loan certificate, to the Defendant’s damages caused by his occupational negligence (hereinafter “instant agreement”). Thus, the Plaintiff is obligated to pay the Defendant the amount of KRW 61,00,000,000, and damages for delay.

3. The plaintiff, as well as the defense against the counterclaim, has set up a defense against the counterclaim as set out in the following subparagraphs.

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