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(영문) 서울고등법원 2013.08.21 2012나102621
물품대금 등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's main part is preliminary.

Reasons

1. Basic facts

A. The Plaintiff’s relationship 1) is a public institution affiliated with the Small and Medium Business Administration for the purpose of general distribution business and franchise store business. 2) The Defendant is a corporation established for the purpose of expanding markets for small and medium enterprises, such as the promotion of products of small and medium enterprises, exhibition business, mail order, electronic commerce transaction business, home shopping mall business, and consignment sales business, and small and medium retail distribution support business. Since 2005, the Internet shopping mall operated by credit card companies, etc., such as credit card companies, etc., such as credit card companies, etc., such as credit card cards and non-sc cards, etc., to use the card points accumulated by credit card customers by using credit card cards, etc., and the point points mall business is a business selling goods or providing services on the points mall.

The supply of small and medium enterprise products to be sold is supplied.

3) The aggregate of three companies C, D, and E (hereinafter referred to as “F3 companies”) is called “C”, “D”, and “E” respectively.

(B) The Plaintiff, the Defendant’s business partnership agreement, and the Defendant’s business trust agreement between the Defendant and the F3 companies, entered into a business partnership agreement on the point establishment business around August 2005, on which the Plaintiff and the Defendant entered into a business partnership agreement on the point establishment business.

(hereinafter referred to as the “instant Business Partnership Agreement”). The substance of the instant Business Partnership Agreement is that the Plaintiff and the Defendant, who had competition with the credit card company points in the instant business partnership agreement, mutually cooperates with the Plaintiff and the Defendant in receiving orders for points delivery transactions from the credit card company, and provide the other party with an opportunity to deliver the goods to the other party

In other words, in order to provide the defendant with an opportunity to be supplied through the plaintiff in the points landing transactions that the plaintiff received, and in the point landing transactions that the defendant received as awarded, through the defendant.

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