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(영문) 서울중앙지방법원 2016.07.14 2014가합579150
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Both claims;

A. On July 18, 2011, the Plaintiff and C jointly operate a cross-border store with the trade name “E” on the Jongno-gu Seoul Metropolitan Government D and 1st floor (hereinafter “E”), and around that time, the Defendant and C completed the registration of the business regarding the instant cross-border store in F’s name.

From August 18, 2011 to June 25, 2014, the Plaintiff supplied the instant border points, such as the instant letters, and the Plaintiff’s claim for the payment of goods is KRW 278,250,602.

The Defendant is a substantive joint operator of the instant landing point, and is jointly and severally liable with C to pay the price for the goods to the Plaintiff.

B. Defendant C and the Defendant entered into a partnership agreement to jointly manage the instant safe points, and delegated F with the affairs concerning the operation of the instant safe points, and the parties to a contract for the supply of goods between the Plaintiff and the instant safe points are the Plaintiff and F.

Between the Plaintiff and the Plaintiff, the Plaintiff agreed that “The supply price of the goods supplied by the Plaintiff to the instant safe store shall be 36% of the sales price sold to the consumers by the instant safe store.” Accordingly, when calculating the price of the goods to be paid to the Plaintiff by the instant safe store, KRW 165,532,920 was paid by the Plaintiff on February 13, 2015, and KRW 165,532,920 was repaid to the Plaintiff on February 13, 2015.

2. Determination

A. In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 to 4, 6, 9, 10, Eul evidence Nos. 2, 5, and 12 (including each serial number):

On July 18, 2011, the Defendant and C entered into a joint operation agreement including the same content as the attached Form 1, which is to jointly operate the instant inner point and distribute profits in half.

On August 23, 2011, the Defendant and C entered into an agreement with F to operate an optician store under the Act on Medical Technicians, Etc. with F, etc., and delegated F with the affairs concerning the operation of the instant optician store.

F In accordance with the above delegation arrangements:

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