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(영문) 서울고등법원 2018.01.18 2017나2041208

채무부존재확인

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. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for alteration or addition as set forth in paragraph (2) below. Thus, it is acceptable as it is in accordance

2.On three pages 3, the following shall be added:

【D also entered into a sales agency contract with J corporation on April 29, 2014, which provides that D shall be granted the overall authority to sell boarding tickets and marketing, and that receives boarding tickets sales commission and marketing expenses. See 9 pages 4:

【Along with the dismissal of an appeal filed by Ghana, the above judgment became final and conclusive (Seoul High Court Decision 2017Na2027998 decided December 20, 2017). The nine pages 10 to 18 are changed as follows:

1) The Defendant paid 2 billion won (Plaintiff 80 million won, D 1.2 billion won) to the Plaintiff and D as “deposit money to secure seat seat in JSA” under Article 1(6) of the Agreement on the Participation in the Business of Sale of Aviation Tickets.

The Plaintiff and D, and the Defendant agreed that “The Plaintiff and D shall pay the Defendant totaling KRW 2.7 billion (= KRW 2.7 billion per annum of KRW 3 billion per annum of KRW 2 billion, KRW 2.7 billion per annum of KRW 3 billion, KRW 22.2% per annum of interest per annum of KRW 2 billion, corporate tax imposed on the Defendant, and personnel expenses to be paid by the Defendant, etc.)” (i) the Plaintiff and D entered into an advertising contract with F, and (ii) the Plaintiff and D shall pay KRW 1.2 billion for advertising expenses, and (iii) the Plaintiff and D shall pay KRW 1.5 billion in the form of commission for sales under the instant consignment contract, etc. with the Defendant.”

2) As of May 22, 2015, the Plaintiff, D, and the Defendant confirmed that the unpaid amount of KRW 2.7 billion was KRW 528,090,789, as of May 22, 2015, and that they would be paid in accordance with the instant undertaking (if performed accordingly, the instant deposit would have been repaid).