logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.03 2015가단5369631
채무부존재확인
Text

1. The plaintiff's supplementary intervenor based on the insurance contract between the plaintiff's supplementary intervenor and the non-party corporation B.

Reasons

1. Facts of recognition;

A. On September 20, 2012, the Defendant: (a) supplied products from B to September 19, 2013; and (b) entered into a contract with B to sell the said products via E Home shopping (hereinafter “instant supply contract”); and (c) entered into the instant supply contract with Nonparty Company B (hereinafter “B”); and (d) entered into the agreement with B to sell the said products via E Home shopping (hereinafter “instant supply contract”); and (e) the main contents of the instant supply contract are as follows.

Article 2 and Additional Terms and Conditions (Products Encouragement) ordered by the Defendant for the instant product, B shall supply the instant product to 33,900 won per set (including value-added tax).

Article 4

1. All the ownership of contract products produced under the agreement between the defendant and B under this contract is owned by the defendant, and in no case B is allowed to manufacture and sell this contract products in other distribution without the consent of the defendant.

Article 11

2.A product produced by B shall be supplied by the defendant with products meeting the quality standards or food standards and regulations for weight control above the food code, and may be returned in full when products do not meet the quality standards.

3.The processing of the goods returned to the consumer is not attributable to B, and all the expenses incidental thereto shall be borne by B.

In principle, the cost of products produced by Article 12 Section B shall be supplied with finished products, the end of each month, and the settlement shall be made in cash within seven days after the settlement of home shopping based on the date of issuance of the tax invoice.

B. On September 21, 2012, B entered into an advance payment performance guarantee insurance contract with the Plaintiff’s Intervenor’s Intervenor (hereinafter “ Intervenor”); the Defendant, the insurance period from September 21, 2012 to September 20, 2013; the insurance amount was KRW 150 million (hereinafter “instant guarantee insurance contract”); the Plaintiff and the Plaintiff jointly and severally guaranteed the Intervenor’s obligation to compensate the Intervenor.

C. B is issued an insurance policy under the instant guarantee insurance contract.

arrow