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(영문) 서울중앙지방법원 2017.04.21 2016가합509292

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff and G Co., Ltd. concluded a sales agency agreement with G Co., Ltd. (G JINT SST COPNY, hereinafter “G”) and a tea contract with the purport of overseas travel brokerage business, with the purport of obtaining the Plaintiff’s overall authority over the sales and marketing of boarding tickets in the Republic of Korea on the routes between the city operated by G and the city within the Republic of Korea and the city within the Republic of Korea. The Plaintiff entered into a sales agency agreement with G Co., Ltd. with the purport of conducting the business of overseas travel brokerage.

B. On May 9, 2014, the Plaintiff and the Defendant, the Plaintiff’s affiliated company, I Co., Ltd. (hereinafter “I”), and J, the Plaintiff’s representative director, concluded a contract to participate in the aviation ticket sales business with the following major contents (hereinafter “instant aviation ticket sales contract”).

The Defendant (hereinafter referred to as “A”) and I (hereinafter referred to as “B”), the Plaintiff (hereinafter referred to as “A”), and J (hereinafter referred to as “J”) agree on the participation in the aviation ticket sales business of “A” (hereinafter referred to as “A”) as follows, and they enter into this Agreement for the implementation thereof:

Article 1(1)(i) agrees to the participation of “A”, “A”, and “A” in the GSA projects currently being promoted through “B” and “B” and the GSA projects to be carried out in the future.

(2) On May 8, 2014, “fixed” holds a general meeting of shareholders of K with a shareholder of 100% of the total agenda (such as amendment of the articles of incorporation, appointment of directors, and auditor) requested by the “A” and adopts all resolutions on the major agenda (such as appointment of directors, auditors, etc.), and delivers all the company’s documents and seals to “A”.

“A” resolution and documents on the main agenda and the documents.