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(영문) 서울고등법원 2018.07.06 2018나2000754
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations whose purpose is to manufacture and sell automobile parts.

B. While the Plaintiff supplied the automobile parts to Hyundai Automobile Co., Ltd. and the Aeronautical Automobile Co., Ltd. (hereinafter referred to as the “Mobro Vehicle”), the Plaintiff requested that the transaction with the Mobro Vehicle will be suspended, and that the transaction with the Mobro Vehicle will continue to be transaction with the Mobro Vehicle, in accordance with the Modern Mobro Automobile Commercial Policy (a policy to largeize the size of the Mobro).

C. Accordingly, the Hyundai Advanced Motor Vehicle supplied part of the parts of the parts of the motor vehicle supplied by the Defendant to the Defendant, on behalf of the Plaintiff, to be supplied by the Plaintiff, and then offered that the Defendant receive the parts from the Plaintiff and supplies them (i.e., bypass supply) to the Hyundai Abandoned Motor, and that the Defendant receives management expenses in return, and the Defendant requested that the Plaintiff return the status of the first cooperation agent of the Hyundai Abandoned Motor Vehicle instead of supplying it to the Plaintiff through the Defendant.

On May 10, 2010, the Plaintiff and the Defendant’s employees met at the head office of the Hyundai Abandoned Motor on the part of Hyundai Amateur on May 10, 2010, but the Defendant transferred 200,000 annually among the string pipe produced by the Defendant to the Plaintiff, and 50,000 annually among the string pipe pipes, the Plaintiff produced parts, and supplied them to the Hyundai Abandoned Motor through the Defendant, but is responsible for all quality and supply, and the Defendant agreed to acquire 6.5% of the unit price of the supply to the Hyundai Abandoned Motor as management expenses.

E. On October 21, 201, the Plaintiff and the Defendant confirmed the parts to be supplied by the Plaintiff and entered into an agreement with the following contents (hereinafter “instant agreement”). The Plaintiff decided to submit a written estimate and a development plan to the Defendant by October 24, 2011.

(1) The Plaintiff is a motor vehicle part No. Pipe pipe.

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