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(영문) 서울중앙지방법원 2015.11.20 2015가합535744
유체동산인도
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall collect the articles listed in the attached list from the Plaintiff (Counterclaim Defendant) and deliver the site.

Reasons

Basic Facts

The Plaintiff is a corporation that runs the business of book-sale business (Evidence No. 1) and the Defendant is a corporation that runs the business of malicious yarn, wall-mark, spawn, spawn, spawn, spawn, manufacturing and wholesale retail business, etc.

(A) On December 18, 2013, the Seoul metro, which entered into a joint operation agreement and a lease agreement, made a public announcement of the lease on the place where the book sales stand (hereinafter “the instant leased object”) listed in the separate sheet was established (hereinafter “the instant lease object”), and the eligibility to participate in the lease was registered on the business registration certificate as of the date of the public notice of bidding, and the annual sales of the books amounting to at least 1,00,000,000 won in each of the relevant years in the last three years were limited to a corporate entrepreneur.

(A) On December 26, 2013, the Plaintiff and the Defendant concluded a joint operation agreement with the Seoul Meart to enter into a lease agreement on the leased object under the name of the Plaintiff and to jointly operate the leased object of this case, upon finding the Plaintiff, who failed to meet the qualifications to participate in the above bidding on the Seoul Meart because the Defendant failed to meet the qualifications to participate in the bidding, and thereby satisfying the qualifications to participate in the bidding on the part of the Plaintiff. On December 26, 2013, the Plaintiff and the Defendant entered into a joint operation agreement with the Seoul Meart to take charge of operating and operating the island sales unit of this case and distribute profits (hereinafter “instant joint operation agreement”). The main contents are as follows.

(A) No. 5-2. Article 2 of the Joint Operation Agreement / [Operation Classification] (1) "A" (referring to the plaintiff) is the main agent of the contract for the book sales unit B with the overall management right and is responsible for the supply of books.

(2) The term "B" (referring to the defendant) means all funds required for the sales contract, facilities and operation, and phrases and books other than books.

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