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(영문) 서울중앙지방법원 2020.02.07 2018가합568684
사용료
Text

1. The Defendant, jointly and severally with the Plaintiff, as to KRW 1,909,156,880 and KRW 1,321,304,060, among them, shall be jointly and severally with the Defendant Company B.

Reasons

1. Basic facts

A. The relevant Plaintiff is a company established by the Incheon International Airport Corporation for the purpose of the management, operation, maintenance, and repair of the Incheon International Government Supply Clause.

Defendant is a company established under the laws of the Philippines, and Company B (hereinafter “B”) is a company established under the laws of the Republic of Korea.

(hereinafter referred to as “Defendant, etc.”) b. by referring to Defendant B.

On April 24, 2017, the Plaintiff entered into a contract for the use of the Incheon International Airport Facilities and Services (hereinafter “instant use contract”) with the Defendant, etc. on April 24, 2017.

AB concluded the agreement.

The main contents of the instant use contract are as follows.

On April 24, 2017, this Agreement was concluded between the following parties.

1. A plaintiff established and continued to exist under the Acts of the Republic of Korea;

2. A defendant established and continued to be established pursuant to the Acts of the Philippines (hereinafter referred to as "contractor 1").

3. The term "user fee" in Article 2 (Definition of Terms) (1) of the Act of the Republic of Korea (hereinafter referred to as "contract counterpart 2") refers to the user fee specified in the attached Table 1 of the airport facility user fee (referring to the defendant and B; hereinafter the same shall apply) which the counter-party (referring to the plaintiff; hereinafter the same shall apply) shall pay to the airport construction (referring to the plaintiff; hereinafter the same shall apply)

(2) The term "passenger service charges, etc." means the service charges specified in attached Table 2, which the other party to the contract shall collect from passengers including airline tickets and pay to the airport construction in connection with passenger transportation.

(3) The term "user fees, etc." means user fees, passenger airport usage fees, etc. specified in attached Table 1 and attached Table 2.

Article 3 (Language, etc.) (2) The Acts and subordinate statutes of the Republic of Korea shall apply to this contract.

Article 7 (Collection and Payment of Passenger Service Charges, etc.) (1) Other party to a contract.

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