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(영문) 서울중앙지방법원 2014.07.09 2013가합81199
부당이득금 반환 등
Text

1. The plaintiff's primary and conjunctive claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

On June 21, 2011, the Plaintiff, who runs a siren business, purchased a passenger car listed in attached Table 1 (hereinafter referred to as “second vehicle”) in attached Table 1 (hereinafter referred to as “first vehicle”) in KRW 95 million and KRW 95 million on November 16, 2012 (hereinafter referred to as “second vehicle”) from the Defendant Otoirs Co., Ltd. (hereinafter referred to as “Defendant Otoirs”).

[Attachment 2] On November 16, 2012, there exists a lease agreement with the Plaintiff and Samsung Card Co., Ltd. on the second vehicle (No. 3-1), but the parties did not dispute the fact of the second vehicle sales contract as of the above date, and according to the evidence No. 2, it is recognized that the Plaintiff paid the purchase price of KRW 95 million to Defendant OE on December 3, 2012). The first vehicle and the second vehicle are CY Korea Co., Ltd. (hereinafter “Defendant MM Korea”), which are the headquarters of the U.S. headquarters of Defendant MM Korea (hereinafter “Defendant MM Korea”), and they are a so-called BVV car under the condition that they are supplied with the purchase price of the two vehicle under the condition that they remodeled the passenger voting time of the new vehicle into and out of the Republic of Korea.

Lone Star Company organized the business of manufacturing and selling consortiums around 2006, and maintained only the sales of the trademark right of Lone Star-line through Stft Holdings Holdings (Stftcompa Company, LLC.), which is an affiliate company.

The 1st vehicle is a vehicle for which the Switzerland, which purchased from Lone Starmark Holdings Holdings trademark rights from GM, has been remodeled by GM, and the 2nd vehicle is a vehicle with the trademark of “ Costone Star” after being supplied with the voting time from GM, and the 2nd vehicle is a vehicle with the trademark attached and sold by the Defendant Ore after being supplied with the voting time from GM.

A sales contract for a vehicle shall be made.

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