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(영문) 부산지방법원 2016.01.12 2015가단225567
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 2009, the Plaintiff and the Defendant entered into a transaction agreement between the Plaintiff and the Defendant on April 1, 2009 (hereinafter “the transaction agreement between the Plaintiff and the Defendant on April 1, 2009”) that designated C as its agent from June 2002, the Plaintiff was engaged in the transaction of the supply of flowers, such as flowering, etc. with the Defendant, who is the supplier of the original crops, and was engaged in the transaction of the supply of flowering, etc. (hereinafter “the transaction agreement between the Defendant and the Defendant”).

The main contents are as follows. Article 1 (Designation as an intermediary wholesaler and trade participant) The defendant designates the plaintiff as the defendant's trader, and the plaintiff complies with the relevant Acts and subordinate statutes and the defendant's regulations. Article 5 (Period of Foreign Sales) (Period of Foreign Sales) The period of Foreign Trade may be within 60 days from the date of acquisition of agricultural products. Article 6 (Limit on Foreign Trade) (1) The defendant may set and operate the limit of foreign trade for the payment of the plaintiff's agricultural product acquisition price. (2) The limit of foreign trade under paragraph (1) may be reduced by 50,000,000 won ( KRW 50,000): Provided, That the limit of foreign trade transactions may be reduced by the defendant due to reasons such as poor trade performance, aggravation of credit standing, etc. (3) If the limit of transactions exceeds the limit of foreign trade as inevitable, the defendant is required to repay or provide additional security within the date set by the defendant. (1) If the plaintiff does not participate in an auction, the plaintiff may obtain prior approval from the defendant to participate in the auction agreement.

B. On April 1, 2014, the Plaintiff and the Defendant entered into a transaction agreement with the Defendant on April 1, 2014, the Plaintiff was engaged in credit transactions pursuant to the instant transaction agreement with the Defendant, and on April 1, 2014, the transaction agreement between the Defendant and the joint market trader (hereinafter “the transaction agreement”).

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