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(영문) 서울동부지방법원 2017.08.16 2016나24828

호텔객실대금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. The Plaintiff and the Defendant’s basic facts are travel agents for general travel business, etc.; the Plaintiff, at the Defendant’s request, provided the Plaintiff with the number of hotel rooms in Korea in the name of the Plaintiff from March 2015 to June 2015; the Plaintiff’s hotel accommodation charges of KRW 128,738,00; the Defendant paid KRW 40 million on August 31, 2015; and the Defendant paid KRW 77,242,80 on September 7, 2015 to the Plaintiff with accommodation charges of KRW 77,242,80 on the total amount of KRW 77,242,80 on September 37, 2015; or there is no dispute between the parties; and it can be acknowledged in full view of the purport of the entire pleadings in each of the evidence No. 1, No. 3, and No. 5, and No.7.

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid accommodation charge of KRW 51,495,200 ( KRW 128,738,00, KRW 77,242,80) and the damages for delay from July 1, 2015, following the day when the Plaintiff’s work on the guest room ends and the due date comes to fall.

2. As to the Defendant’s assertion, the Defendant asserted that, inasmuch as only the amount equivalent to 60% of the unpaid accommodation cost of August 26, 2015 between B and B, who was the Plaintiff’s agent, paid the remainder of accommodation cost of KRW 128,738,00, the Defendant agreed to exempt the Plaintiff from the remainder of accommodation cost of KRW 77,242,80, the Defendant paid the remainder of the remainder of accommodation cost of KRW 77,242,80

Therefore, according to each of the statements in Gap evidence Nos. 2 and 8 as alleged by the defendant, the defendant, according to the whole purport of the arguments in relation to the plaintiff's employees Eul, and Gap evidence Nos. 8, as to whether the agreement to exempt accommodation expenses was reached, the defendant prepared a written confirmation as stated in the attached Form containing "if the plaintiff is paid KRW 74,083,80, which is about 60% of the total amount of debt from the defendant, he/she shall be exempted from the remainder of the debt," and then delivered it to Eul of the plaintiff's own name with the defendant's name attached. Eul photographs the above written confirmation and is the plaintiff's actual director.