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(영문) 서울중앙지방법원 2020.09.10 2019가단5082000
미지급금 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company engaging in the travel agency business, etc., and the defendant is a company engaging in the business of arranging study abroad.

B. C Co., Ltd. (hereinafter “C”) is a New Zealand, which is a company that arranges the language training program, etc.

C. D and E, the representative of the defendant, are siblingss.

【Ground for recognition】 Each entry of evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into a contract with the Defendant for a study agency (Evidence A 3) around 2013, and concluded a business agreement (Evidence A 4) with C around July 2012, the Plaintiff, the Defendant, and C were in a business partnership relationship. The Defendant, among those in a business partnership relationship as above, was in a business partnership relationship between January and February 2015 (hereinafter “instant business”).

A) A bid to the Plaintiff and the Defendant and C were selected as the manager of the foregoing project, and the instant project included local duties in New Zealand. At the time, the Defendant and C requested the Plaintiff to receive aviation tickets by advance payment from the Office of Education in relation to the instant project due to the relationship in which the project cost was settled later, and the Plaintiff provided the above aviation tickets to the Defendant and C. In this regard, the Plaintiff paid the airline tickets in advance and received the airline tickets. In addition, the amount of the airline tickets offered by the Plaintiff was KRW 751,580,60 in total, and the Defendant and C paid the Plaintiff KRW 49,840,960 out of the price of the above airline tickets up to now. Accordingly, the amount of the airline tickets that the Defendant and C did not pay to the Plaintiff is KRW 251,739,640 (=751,580,60,600 - KRW 49,840,960).

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