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(영문) 서울북부지방법원 2014.08.13 2013가합21141
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a business operator mainly dealing with travel-related affairs, such as airline tickets, and is a travel agent affiliated with the BSP system.

B. ASP, namely, a system that manages airline tickets sold by an international airline airline sales agency (bSP) through the settlement bank without directly paying the airline tickets sales proceeds, i.e., the entire business related to the sale of international airline tickets, i.e. the supply of airline tickets, the ticket sales report, and the sales proceeds settlement service, i.e. the business related to the sale of international airline tickets, i. the business related to the sale of international airline tickets, i.e., the provision of airline tickets, the ticket sales report, and the sales proceeds settlement, on behalf of the airline and travel agency, i.e., the bank to act on behalf of the relevant bank.

C. The Korea Regional Bank Settlement System Association (hereinafter “Korea Regional Bank Settlement System Association”) is a non-corporate body that consists of airlines who have joined the Korea Regional Bank Settlement System, and is delegated with the authority to enter into a multiple airline and to distribute its airline tickets to many travel agencies in the future and to settle the accounts.

On January 22, 2001, the Plaintiff entered into an airline association agreement with air transportation agencies agreement and “Agreement on the settlement of sales proceeds under the international airline ticket sales contract” and has renewed it each year until 2010.

E. According to the above air transportation agency contract and the "the settlement agreement for sales proceeds under the international airline ticket sales contract", the process of settling sales proceeds of airline tickets between the Plaintiff and the airline association is as follows.

If the plaintiff sells an airline ticket in cash and deposits it into the airline association, the airline association shall trade it by transferring it to the airline, and if the credit card company sells the airline ticket by credit card, the credit card company shall immediately deposit the ticket with the airline association.

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