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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that conducts the wholesale and retail business of telecommunications equipment and the value-added telecommunications business in which Nonparty C actually operates. The Defendant is a company that sells services through system integration, and D Co., Ltd. (hereinafter “D”) is a company that sells telecommunications goods and provides services.
B. On November 1, 2002, C changed the trade name to “F” (hereinafter “F”), while engaging in communications service business, etc., it entrusted C with the sales brokerage of goods sold by D and incidental business related thereto, and D entered into a contract on entrustment of business (hereinafter “instant contract on entrustment of business”) with D to pay C fees at a certain ratio of contract price entered into with customers in return for performing its business. The main contents are as follows.
G Partnership Agreement (hereinafter referred to as “instant business trust agreement”) D Co., Ltd. (hereinafter referred to as “A”) and E (hereinafter referred to as “B”) shall enter into a contract with respect to the entrustment of business affairs for the sale of G goods (hereinafter referred to as “goods”) and implement it in good faith:
Article 1 (Purpose) “B (E)” shall perform the “purchase” or “distribution for sale” and the “entrusted business for sale” (hereinafter referred to as “entrusted business”) of the additives offered by “A (D), and the “A” shall pay a discount or fee to “B”.
Article 4 (Fees) "A" shall pay to "B" a certain percentage of fees for the receipt of "A" according to the results of the use and transaction of the applicant for the relevant good in consideration of the performance of his/her duties, as set forth in the separate sheet.
On the other hand, "B" shall provide the equivalent amount at a discount when purchasing the goods of "B".
Article 5 (Entrusted Business) (1) Details of entrusted business performed by "B" under this Agreement shall be as follows:
1. The recruitment of applicants for products;