유류비정산금 지급 청구의 소
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is the United States against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a company of the Republic of Korea that sells aviation tickets of an aircraft operated by an airline, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a company operating an aircraft on the air route between the Republic of Korea and the Republic of Korea listed in each Schedule of attached Table 1 (the detailed details may be confirmed through the name “mail”, “detailed route”, “period”, etc. specified in each Schedule of attached Table 1; hereinafter “instant air route”).
B. On February 2014, the Plaintiff entered into the Plaintiff’s general sales agency contract with the Defendant, and the Plaintiff sold aviation tickets as a general sales agency of the aviation ticket of the instant aviation route, and the Defendant entered into a sales agency contract with the Plaintiff to pay the commission and marketing expenses for the sales of aviation tickets (hereinafter “instant general sales agency contract”), and sold the aviation ticket of the instant aviation route from March 1, 2014 to February 28, 2015 under the instant general sales agency contract.
C. In addition, on February 2014, the Plaintiff and the Defendant entered into a seat purchase agreement with the Defendant, separate from the sales agency agreement in the instant case, the Plaintiff purchased a specific seat in the air route from the Defendant, and sold the airline tickets to the customers, and the Defendant entered into a seat purchase agreement (hereinafter “instant car purchase agreement”) with the content that shall pay a fixed price determined under the contract irrespective of the actual sales volume of airline tickets. The Plaintiff entered into the instant car purchase agreement (hereinafter “instant car purchase agreement”) around July 2014, with the Plaintiff and the Defendant, to enter into the instant car purchase agreement (hereinafter “instant car purchase agreement”).
As above, the instant tea contract was concluded around February 2014 and revised around July 2014.