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(영문) 서울고등법원 2017.12.20 2017나2027998
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff and I Co., Ltd. (hereinafter “I”).

A) A company is established for the purpose of air ticket sales business, etc. The J has operated Plaintiff and I as the representative director of Plaintiff and I. 2) K Co., Ltd. (hereinafter referred to as “B” in accordance with Article 1(c) of the Agreement, the trade name of May 8, 2014 was changed to “B”; hereinafter referred to as “B”) is also a company established for the purpose of air ticket sales business, etc.

J has been operating B as a 100% of the shares issued B.

B. As between L on March 1, 2014, Plaintiff I acquired the position of the general sales agency of Plaintiff I and L, I obtained the authority from L to February 28, 2015 regarding the sale of boarding tickets and the overall marketing of L navigation between the R city and the city of the Republic of Korea from March 1, 2014 to February 28, 2015. The general sales agency (hereinafter referred to as “GSA”) that is paid for boarding tickets sales commission and marketing expenses.

(2) A contract was concluded between G and G on April 29, 2014, and the Plaintiff entered into a general sales agency contract with H city and the city of the Republic of Korea, which is entitled to the authority as described in paragraph (1) with respect to the sale of boarding tickets for G navigation, from July 15, 2014 to July 14, 2017. (c) The conclusion of the business partnership agreement with the Defendant is a contract with the Plaintiff and I’s representative director, and B’s shareholder to participate in the business of selling aviation tickets (hereinafter “instant business partnership agreement”).

The Defendant, I, the Plaintiff, and J concluded a contract for participation in the airline ticket sales business (hereinafter referred to as “this business”). The Defendant’s participation in the airline ticket sales business (hereinafter referred to as “this business”).

I, the plaintiff, and the J agree that the defendant shall participate in the GSA project currently being promoted through I and the plaintiff, and in the GSA project to be in progress in the future, as follows, and to implement this Agreement. (2) Article 1 (Matters agreed upon by the defendant, I, the plaintiff, and the J concerning the project.

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