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(영문) 서울중앙지방법원 2018.07.12 2017가단5216441
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 20, 2017 to July 29, 2017, the Plaintiff paid C an aviation fee of KRW 26,600,000 for the goods traveling from Australia ( KRW 4,00,000 via D22,60,000).

B. On July 4, 2017, Defendant E entered into an agency contract with C and New Zealand issuing 14 air tickets.

On July 4, 2017, 22,40,000 won for issuance of tickets 14: (a) paid 5,000,000 won for airline tickets; (b) paid 5,000,000 won on July 7, 2017; and (c) paid 12,40,000 won on July 12, 2017; and (d) paid 12,40,000 won for airline tickets in full, and the airline tickets paid 12,40,000 won for airline tickets.

Accordingly, C paid KRW 5,00,000 to the Defendant on July 4, 2017.

July 7, 2017, F did not pay 5,000,000 won for aviation fees.

The defendant was issued an airline ticket on July 7, 2017 to prevent the cancellation of the reserved airline ticket.

C. Ultimately, C filed an application for revocation of issuance of airline tickets with the Defendant without full payment of aviation fees by July 12, 2017.

On July 1, 2017, the defendant accepted it and refunded 5,000,000 won to C on July 19, 2017.

On July 14, 2017, the Plaintiff concluded a vicarious execution contract with Defendant G employees on July 19, 2017 on the condition that the air fare is paid in full by July 19, 2017.

Since then, on July 19, 2017, the Plaintiff paid the Defendant KRW 17,400,000 as aviation fees, and KRW 5,000,00 as of July 28, 2017.

On July 19, 2017, the Defendant issued 14 copies of the airline tickets to the Plaintiff.

E. The Plaintiff filed a complaint against C, Defendant E, and G in fraud.

F was sent to the prosecution because of the absence of suspicion.

Prosecutions dismissed E and ordered G to be subject to no suspicion.

[Evidence] Facts without dispute, Gap 1 through 6, Eul 1 through 15, the purport of the whole pleadings

2. The Plaintiff asserts that C, even though there is no intention or ability to purchase 14 air tickets, he/she acquired 26,600,000 won by fraud, and the Defendant’s employees conspired or participated in the deception of C, thereby aiding and abetting the Defendant’s employees to purchase 14 air tickets, and thereby, he/she sustained damages as stated in the purport of the claim.

B7 and the purport of the whole pleadings.

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