계약환급금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff is a company whose purpose is international travel agency business and travel agency business.
B. From October 8, 2014 to October 12, 2014, the Defendant: (a) requested the Plaintiff to make a reservation and issuance of aviation tickets; and (b) accordingly, the Plaintiff was issued a list of eight travelers and a copy of the passport from the Defendant on March 27, 2014; and (c) issued the right to make a return to the Busan Airport on October 8, 2014, to the return to the Busan Airport on October 12, 2014 (hereinafter “instant aviation right”).
C. On April 18, 2014, the Plaintiff prepared an overseas travel contract with the Defendant on the instant travel, but did not pay the down payment.
On May 8, 2014, the Defendant notified the Plaintiff that the instant airline ticket was cancelled, and demanded the cancellation of the instant airline ticket. Accordingly, the Plaintiff revoked the said airline ticket through the Plaintiff Company.
E. On March 27, 2014, the Plaintiff transferred KRW 5,312,800 to the foreign exchange bank account in the name of Stuon Co., Ltd. with respect to the instant airline ticket. On August 7, 2014, after the cancellation of the instant airline ticket, the Plaintiff transferred KRW 4,912,800, which deducted the cancellation fee of the instant airline ticket from all Mtuon Co., Ltd. to the Plaintiff Nonghyup Bank account in the name of the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 6 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, around March 2014, the Defendant entrusted the Plaintiff with the management of affairs regarding the right to create the airline tickets of this case, and the Plaintiff consented thereto, and the delegation contract between the Plaintiff and the Defendant on the right to create the airline tickets of this case is concluded.