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(영문) 부산지방법원 서부지원 2021.01.20 2018가단115755
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 3, 2018, the Plaintiff decided to purchase freezing fish, etc. (hereinafter “instant goods”) from the Defendant, and concluded a fishery products sales contract with the following content (hereinafter “instant sales contract”).

The sales price of Article 1 of the sales contract of this case (1) is determined according to the sales price of the products to be purchased by the plaintiff (the plaintiff).

(2) A product description: A product description shall be referred to in the relevant transaction statement.

(3) Security: Settlement of the price for goods under Article 3 of the C Guarantee Issuance (1) shall be made in cash to A within 60 days from the date on which the goods from A are taken over.

Before 60 days from the date the product was transferred to B, the full payment for the fish price of the product shall be completed to A.

Provided, That the credit for 60 days shall be provided only within the guarantee insurance amount provided as a security, and the amount in excess of the guarantee insurance shall be immediately paid in cash to Gap before acquiring the product.

B shall pay 6% interest per annum for 60 days during the period of use at the same time upon receipt of products from Party A.

Article 4 Section 4. B shall carry out sincere and accurate inspection (in the state of guidance, cooling and color) on the product list provided by the quality A.

At the later time, B shall not raise any problem on the product.

B. On September 5, 2018, pursuant to the instant contract, the Plaintiff issued a guaranty insurance policy to the Defendant with the content of “the insurer: the Defendant: the period of insurance from September 3, 2018 to September 2, 2019; the amount of insurance coverage: KRW 100 million; and the content of the guarantee: the amount of payment guarantee for credit goods” (the sales price of goods).

(c)

On September 12, 2018, the Defendant issued to the Plaintiff a transaction statement with respect to the instant goods (hereinafter “the instant transaction statement”) as follows.

D 72-76 U.S. (b/t) 590 20,00 11,800,000,000 D classics.

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