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(영문) 서울고등법원 2013.12.05 2012나58205
물품대금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim and the trial against the above revoked part shall be examined.

Reasons

Facts of recognition

The relevant plaintiff is a company that imports, sells, and distributes photographs and optical products, and supplies company promotional products.

The defendant is a public institution affiliated with the Small and Medium Business Administration established with the aim of expanding markets for small and medium enterprises and supporting small and medium retail distribution, such as publicity, exhibition, mail order, electronic commerce transaction, home shopping hub business and consignment sales business.

Co., Ltd. E, D, and F Co., Ltd. (hereinafter collectively referred to as “G3 companies,” and each “E”, “D”, and “F”) is a company that vicariously executes the sales of goods purchased from small and medium enterprise goods in connection with the Defendant’s point driving business, B2B special sales business, and each company’s representative director or actual operator is J.

In 205, the Defendant entered into an entrustment contract between the Defendant and G3 companies on the part of G3 companies, and entered into an entrustment contract with G3 companies on the part of G3 companies regarding the provision of goods in relation to the points driving business and B2B special sales business, and continued to renew and maintain the entrustment contract in this case. In November 2009, the Defendant entered into an entrustment contract with G3 companies on the part of G3 companies, subject to the Defendant’s prior approval, with the Defendant’s purchase of goods in its name, and supply and sell goods to card companies, etc. by proxy, or by purchasing goods by proxy by the Defendant to sell goods to their stores (hereinafter “the entrustment contract in this case”).

Meanwhile, G3 used part of the 14th floor of Q department stores in Yangcheon-gu Seoul, the head office of the Defendant, as the office office, as the office office. Since 2005, G3 companies created and used name cards indicating that C is affiliated with the Defendant. On November 2009, Article 3(2)2 of the instant consignment contract newly agreed upon.

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