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(영문) 서울중앙지방법원 2018.05.28 2017나40633
물품대금
Text

1. Revocation of the first instance judgment.

2. The Defendant: (a) KRW 48,060,000 for the Plaintiff and its related expenses from July 1, 2014 to May 28, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation operating domestic and foreign aviation ticket agency business, and the Defendant is a person who has closed the business of overseas travel business on December 31, 2010 with the trade name called E.

B. On February 4, 2014, the Plaintiff drafted a contract with the following contents (hereinafter “instant contract”) regarding the sale of airline tickets in the fourth century. The contracting party to the instant contract is indicated as “stock company B” and the stamp image of “E representative director” is affixed on the next side.

(A) The Plaintiff is a D sales agent of the Myanmar nationality and performs sales affairs with D sales authority in Korea.B Co., Ltd. (b) as the Plaintiff’s airline ticket sales business entity and carries out D’s airline ticket sales services.

Article 2 (Term of Contract) The term of contract is the contract for the entire nine-yearly air tickets (unauthorized Aeronautics) contract for the entire nine-yearly air tickets from February 21, 2014 to March 30, 2014.

Article 4 (Provision of Seats to Company B) The Plaintiff shall provide B, a stock company, with an impossible flight seat for the flights operated during the contract period under Article 2 of D.

Article 6 (Terms of Sales) (A) The airline ticket for the operation convenience during the period of the contract under Article 2 shall be provided with the air ticket as follows. The period of operation: The rate per seat from February 20, 2014 to March 30, 2014: 650,000 won per seat (including oil tax): Article 7 (Payment of Security Deposit and Pledge) A Co., Ltd. shall deposit 25,00,000 won for the entire seat of the Plaintiff in the Plaintiff’s account until February 4, 2014.

Article 8 (Pre-Contract, Pre-Contract, Deposit Provisions) (Pre-Contract, Deposit Rules) The amount of air tickets for each convenience shall be transferred to the Plaintiff’s account not later than 16:00 days before the date of departure of aviation.

C. The Plaintiff sold to the Defendant a total of KRW 177,596,000 air tickets from February 21, 2014 to March 25, 2014 under the instant contract. However, the Plaintiff sold a total of KRW 177,596,00.

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