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(영문) 서울남부지방법원 2017.06.15 2016가합106491

채무부존재확인

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1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff and D Co., Ltd. (hereinafter referred to as "D") are corporations, the primary purpose of which is overseas travel business, and E is the plaintiff and D representative director.

B Co., Ltd. (hereinafter referred to as “B”) is a company mainly aiming at the travel arrangement business, etc., and B and F (current trade name is G, and F) are affiliated companies of the defendant.

The Plaintiff entered into a domestic sales agency contract between the Plaintiff and H Co., Ltd. with H Co., Ltd. (hereinafter “H”) on March 1, 2014, concluded a sales agency contract (GSA; hereinafter “instant sales agency contract”) with the Plaintiff and H Co., Ltd. with the general sales agency, and had the general sales authority for H’s sales of airline tickets in the Republic of Korea.

On May 9, 2014, the Plaintiff, Defendant, E, and D entered into an agreement with the Plaintiff, Defendant, E, and D to participate in the GSA project promoted by the Plaintiff and D (hereinafter “instant agreement to participate in the aviation ticket sales project”), and the main contents thereof are as follows:

(2) The Plaintiff (hereinafter “instant loan”) and the Plaintiff (hereinafter “B”) and the Plaintiff (hereinafter “B”), D (hereinafter “C”), and E (hereinafter “C”) agree on the participation of the Plaintiff in the aviation ticket sales business (hereinafter “this business”) and conclude this contract for the purpose of the implementation thereof, including the total amount of KRW 2 billion paid to the Plaintiff and D under the above contract.

Article 1 (Matters Agreed to be Agreed to Project A, B, C, and Definition) (2) The phrase “fixed” shall hold a shareholders’ general meeting on May 8, 2014 with the term “fixed” of 100% shareholders and pass all the major agenda items requested to be “A” (such as amendment of the articles of incorporation, appointment of directors, and auditors), and shall deliver all the documents and seals of the company to “A”.

“A” shall adopt a resolution and document on the main agenda.