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(영문) 서울중앙지방법원 2019.09.26 2018가합512070
계약금반환등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are both companies with the main business purpose of developing information and communications terminals and devices.

B. Co., Ltd. and D Co., Ltd. (hereinafter collectively referred to as “C”) on April 4, 2013, the Defendant entered into a key operating contract between the Defendant and C.

B) As regards the Defendant’s sale of C gift certificates to the nationwide store, the “malthrost-scalking machine” (hereinafter “malst-kick machine”) that sells C gift certificates to the nationwide store.

2) Of the KIKO Operating Agreement concluded between the Defendant and C, the key contents of the instant case are as follows:

Article 1(Purpose)The purpose of this Agreement is to determine matters necessary to sell, exchange, and provide all other services to the customer of C through the defendant's kik.

Section 4 (Business Operation Right) C shall grant the defendant the business operation right to carry out the various projects as defined in this Agreement through the KIKO during the term of this Agreement.

Article 5 (Rent Rent for Place where KIKO is to be Established) C provides a place for the Defendant to install and operate the KIKO during the contract period of this Operating Agreement, and the Defendant shall pay to C the amount of KRW 1 billion at the cost of leasing the place (referring to the amount excluding value-added tax, except in extenuating circumstances) by March 26, 2013.

Provided, That the rent for this place shall apply only to the contract for the first year, and where the contract is renewed, the additional amount shall not be paid C.

Article 6 (Advertisements Fee) The defendant shall run a separate advertisement by utilizing the key studs established in C stores.

The method of attracting and conducting advertisements, and the method of settlement of advertising fees.

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