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(영문) 서울중앙지방법원 2019.09.05 2018가단52762
채무부존재확인의 소
Text

1. On July 9, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 19,800,000 to the Defendant (Counterclaim Plaintiff) and KRW 8,00,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 1, 2016, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) concluded a commodity supply contract with the Defendant (Counterclaim Defendant; hereinafter “Defendant”) and the Plaintiff from August 1, 2016 to July 2018, to supply 180,000 won per unit to the Defendant (hereinafter “instant contract”).

Since then, the plaintiff and the defendant changed the price of goods per unit to 900 won.

B. On May 27, 2016, the Plaintiff concluded a performance guarantee insurance contract with C Co., Ltd., the Defendant, the insured, the insurance amount of KRW 18,810,000, and the insurance period from May 27, 2016 to July 31, 2018, and submitted the performance guarantee insurance policy to the Defendant.

C. The Plaintiff supplied 150,00 won to the Defendant according to the instant contract (hereinafter “instant product”). Thereafter, the Defendant paid KRW 9,00,000 to the Plaintiff for the advance payment for 30,000 goods, and KRW 19,772,287 on January 15, 2018.

On January 15, 2018, the Plaintiff prepared a cash custody certificate to confirm that he/she was paid an advance payment of KRW 29,700,000 to the Defendant. The details thereof are as follows.

Amount: Amount: 29,700,000 won (including value-added tax) and 30,000 gold-type advances: 15,400,000 won (including value-added tax): Terms and conditions of the production and delivery of gold-types

2. 10. Seoul 10,000

3.9. Seoul 5,000 Act, Busan 15,000 Act;

4. 20. Seoul 5,000

E. After preparing the above cash custody certificate, the Plaintiff supplied 10,000 goods of this case to the Defendant, but did not supply the remaining 20,000 goods.

Accordingly, the Defendant delayed the supply of the instant goods to the Plaintiff on March 19, 2018, and demanded that the Plaintiff pay material costs and manufacturing costs to the partner by March 19, 2018, and if the Plaintiff did not pay for the partner, the Defendant will directly engage in his/her work with the producer.

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