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(영문) 서울고등법원 2017.01.25 2016나2009986
유체동산인도
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of a book-sale business, etc., and the Defendant is a corporation that runs the business of Liberia, wall-label, shoes, silver, cosmetics manufacturing and wholesale retail business.

B. Co-operation contract and lease contract 1) Seoul Qatro entered in the separate sheet on December 18, 2013 (hereinafter “instant book sales stand”) (hereinafter “instant book sales stand”).

) the place where the store is established (hereinafter referred to as “instant store”).

(2) On January 3, 2014 and March 24, 2014, the Plaintiff and the Defendant entered into a lease agreement with the Defendant as of March 24, 2014 with respect to the instant store on the date of the public notice of bid, and limited the annual book sales amount of at least one billion won as of the date of the public notice of bid. 2) The Defendant sought the Plaintiff from participating in the said bidding under the name of the Plaintiff and offered a joint operation of the instant store after receiving the successful bid. The Plaintiff participated in the said bidding and the Defendant was selected as the successful bidder around December 27, 2013. The Plaintiff and the Defendant entered into a lease agreement with the Defendant on the instant store on the date of public notice of bid, and supplied the instant book sales amount to the Defendant to be kept on the instant store, and the Defendant entered into a joint contract with the Plaintiff on the instant book sales and its joint operation agreement with the Plaintiff (hereinafter referred to as “the instant book sales and its joint operation agreement”).

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