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(영문) 서울중앙지방법원 2020.08.19 2019가단5235743
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The party status C Co., Ltd (hereinafter “C”) mainly aimed at the operation, management, etc. of a motor vehicle-related facility sales site, and performed the overall operation (such as operation of the vehicle integration system, brand advertising business, inspection of performance and condition, quality guarantee business, sale and lease business, etc.) of the E Trade Complex (hereinafter “E Trade Complex”) located in Seo-gu, Daegu-gu, and the 6th used cars distribution complex on the ground.

The plaintiff is a company with the main purpose of civil engineering and construction business, which constructs a E-trade complex building, and jointly manages the profits earned by C while operating the E-trade complex to recover the construction cost.

Defendant (hereinafter “FF Co., Ltd.”) is a company with the main purpose of both financing business, credit loans, or secured loan services, which was changed from March 20, 2014 to the present trade name.

B. On September 25, 2012, C and the Defendant entered into an agreement on the instant business partnership (hereinafter “instant agreement”) with the main content that “in the event that a middle and high-ranking trader that moved in the E-Trade Complex receives a loan to purchase a high-ranking vehicle, the exclusive right to operate the products borrowed from the E-Sale Complex shall be provided to the Defendant” (hereinafter “instant agreement”).

The main contents of the instant agreement are as follows.

The defendant and C enter into an agreement on cooperation in the management of the E-trade complex, the purchase fund loan (hereinafter referred to as the "purchase fund") and related business, which are goods related to the company, as follows:

Article 1 (Purpose of Affiliation) The purpose of this Agreement is to ensure that C and the Defendant jointly manage the loans for purchase and related business affairs, thereby guaranteeing the exclusive operation rights of the Defendant and clarifying the rights and obligations of C and the Defendant, thereby promoting the activation of the E-Sale Complex market.

Article 2 (Publication of Products) (1)

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