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(영문) 서울남부지방법원 2012.11.16 2011가합5401

물품대금 등

Text

1. As to the Plaintiff KRW 5,911,15,058 out of the above and the above KRW 16,067,762,190, and KRW 5,911,155,058 from December 1, 2010, and 4,818.

Reasons

1. Basic facts

A. The parties concerned are companies aimed at the comprehensive distribution business and franchise store business. The defendant is a public institution affiliated with the Small and Medium Business Administration with the aim of expanding markets for small and medium enterprises, such as public relations of small and medium enterprises, exhibition business, mail order, electronic commerce transaction business, home shopping mall business, and consignment sales business, and supporting the small and medium retail distribution business. C Co., Ltd., D, and E Co., Ltd. (hereinafter referred to as "F3 company"; hereinafter referred to as "C", "D", and "E"), respectively, is a company that purchases small and medium enterprise products and sells the purchased goods by proxy.

B. The Plaintiff and the Defendant’s transaction progress 1) around August 2005, when the Plaintiff had been engaged in a transaction with C, the Internet shopping mall operated by the card company to enable the Defendant to use the card points accumulated by credit card customers by the use of credit cards, etc. among the Defendant around August 2005. The Plaintiff refers to the business of selling goods or providing services on the points mall. The Defendant, as a marina bag, has entered into an agreement on the relevant business cooperation. The Plaintiff requested the Defendant to designate C as the Plaintiff’s purchaser, and the Plaintiff changed the form of transaction between the Plaintiff, the Defendant, and the Defendant to enter into the transaction from July 2006 to the Plaintiff in accordance with the above business cooperation agreement. The Plaintiff, among the above transactions, requested the Plaintiff to confirm the Plaintiff and the Defendant’s online shopping mall in relation to the business under the contract between the Plaintiff and the Defendant (hereinafter referred to as the “Defendant’s online shopping mall”).