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(영문) 서울고등법원 2016.05.12 2015나31874

손해배상

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) is a company that engages in travel intermediation and brokerage business, and real estate leasing and selling business as an overseas joint venture.

Plaintiff

B (hereinafter referred to as “Plaintiff B”) is an Indonesia corporation that owns “B Lart” (hereinafter referred to as “instant hotel”) located in Indonesia Island.

Plaintiff

A is a major shareholder who owns 100% of the shares of Plaintiff B, and operates the hotel of this case with Plaintiff B, such as entering into a contract to sell accommodation tickets of this case to travel agencies.

On the other hand, Plaintiff A refers to the Seoul Head Office, Plaintiff B, and Plaintiff B, “I” at the time of the instant hotel sales contract.

Since 2007, the Defendant has sold airline tickets, accommodation tickets, etc. at the “C” Internet site as a company engaging in tourist travel agency business, domestic and overseas hotel reservation agency business.

The trade name before the change was D Co., Ltd., but on November 12, 2013, its trade name was changed to C.

Plaintiff

On January 25, 2010, the Plaintiff A and the Defendant entered into a contract with the Defendant to sell accommodation tickets of the instant hotel (hereinafter “instant contract”). A around January 1, 2010 to March 31, 201, the term of the contract was from January 1, 2010 to March 31, 201.

Plaintiff

After entering into the instant contract, A and the Defendant entered into a contract to modify or add the content thereof on several occasions from May 3, 2010 to April 4, 2012.

Plaintiff

A and the Defendant entered into the instant additional contract on August 12, 2010 (hereinafter “instant special agreement for non-disclosure”) and agreed that “The foregoing agreement shall not be absolutely exposed, and the price adjusted from September 2010 shall not be officially disclosed and used” (hereinafter “instant special agreement for non-disclosure”).

(A) No. 1-5) The defendant sold the right to accommodation of the hotel of this case to consumers, and then the case is stipulated in the above contract.