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(영문) 부산지방법원 2016.01.14 2015나4358
영업예치금 반환 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

2...

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) on May 17, 2012, the Defendant entered into a contract with C and the company operated by the Plaintiff as the Defendant’s exclusive sales agent in Busan and South Korea, and the Defendant concluded a contract with the effect that “if the Plaintiff is unable to operate his exclusive sales agent within two years due to the Defendant’s problem, the Plaintiff shall refund an amount equivalent to twice the business deposit to the Plaintiff within seven days, and then remitted KRW 50 million to the corporate account in the name of the Defendant to the Plaintiff, which became impossible to perform the contract due to the Defendant’s fault.”

Therefore, according to the above contract, the defendant should pay the plaintiff KRW 100,000,000, which is twice the business deposit.

(2) Even if C did not have the authority to act as an agent for the Defendant, C had the basic right to act as an agent for the Defendant in excess of its authority and entered into the above contract on behalf of the Defendant. Since there is a justifiable reason to believe that C had the authority to act as an agent for the Defendant, the Defendant bears the responsibility for acting as an agent for the Plaintiff pursuant to Article 126 of the Civil Act.

B. (1) Determination is based on whether each contract performance document submitted by the Plaintiff (a certificate No. 1 and 3; hereinafter “each contract performance document of this case”) is authentic in determining the claim for return of business deposits based on the termination of the exclusive sales agency contract.

In full view of the facts without dispute, Gap evidence 2, Gap evidence 4 through 11 (including each number number), Eul evidence 4-1 and Eul evidence 2, the defendant was a general sales agency in charge of the sale, publicity, etc. of airline tickets in Korea of F International Aviation Corporation, and Eul was a company operated by the plaintiff on May 17, 2012, which is the defendant's representative director, within the Republic of Korea of F International Port Authority in Busan.

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