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(영문) 서울서부지방법원 2021.01.12 2019가단269050
채무존재확인 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The relationship between D, the Plaintiff, and the Defendant (1) established F, a U.S. legal entity in the name of Nonparty E (hereinafter “F”), and the non-party D purchased goods in the U.S. through F and sold them to the Republic of Korea through the domestic business place of “G” (hereinafter “G”), and discussed them with the Defendant.

The specific method of the business is to notify G of the quantity of stock held by the F in the U.S. after purchasing the products in the U.S. if G and delivering them to F, G of the order after advertising the products owned by F in Korea open markets or general sunset, and to F of the order after receiving an order from domestic consumers. H of the order, the F delivers the product to the domestic consumers in the U.S. again, and the F of the order is to deliver the product to F of the U.S., 5% of the sales amount to G of the 5% of the sales amount, and in fact, G was paid to G of the sales amount after deducting the fee and expenses from the sales amount received by the domestic consumers.

(2) Subsequent to July 25, 2013, the registration of a domestic business operator of “G” in the Plaintiff’s name was completed. The e-commerce sales agency contract between F and the Plaintiff’s name was prepared, and the F and G were formally formed with a character different from that of “G”, but the employees of G reported their business to both D and Defendant.

B. As seen earlier, C Co., Ltd. (1) concluded a contract and settlement between C and G (hereinafter “Non-Party Company”) with F to receive goods purchased in the United States through G, and drafted a prior payment agreement between G and March 16, 2015 (hereinafter “the instant prior payment agreement”).

The above advance payment contract is "if the G purchases goods from a foreign country and supplies the goods to the non-party company, the non-party company sold the goods and paid to G.

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