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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Seoul Aviation Co., Ltd. (hereinafter “Seoul Aviation”) is a company of the Republic of Korea that sells airline tickets of aircraft operated by airlines. The Plaintiff is a company of the Republic of Korea with the purpose of engaging in business related to the banking business for which the Seoul Aviation’s claim for oil expense settlement against the Defendant was transferred from Seoul Aviation. The Defendant is a company of the Republic of Korea that operated aircraft in the air route between the Republic of Korea and the Philippines listed in the attached Table 1 (the detailed contents may be confirmed through name, detailed route, period, etc. listed in the attached Table 1; hereinafter “instant air route”).
B. Seoul Aviation Co., Ltd. concluded the Seoul Aviation and the Defendant’s general sales agency contract around February 2014, and Seoul Aviation Co., Ltd. sold its airline tickets as a general sales agent of the aviation route of this case. The Defendant entered into a sales agency contract with Seoul Aviation Co., Ltd. (hereinafter “instant general sales agency contract”) to pay fees and marketing expenses for selling airline tickets, and sold its airline tickets under the instant general sales agency contract from March 1, 2014 to February 28, 2015.
C. Seoul Aviation Co., Ltd. (1) around February 19, 2014, purchased specific seats in the air route of this case from the Defendant, separate from the sales agency contract of this case, and sold the airline tickets to the customers, and the Defendant entered into a seat purchase agreement with the Defendant on July 2014 to pay a fixed price according to the contract regardless of the actual selling number of airline tickets (hereinafter “vehicle agreement”). In addition, the Seoul Aviation Co., Ltd. (2) entered into an amendment agreement with the Defendant as to the said tea agreement on December 19, 2014, and between the Defendant and the Defendant on February 28, 2015.