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(영문) 서울남부지방법원 2020.09.25 2019가합101329
손해배상
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Company is a company that runs an aircraft-related transportation business, etc. established on April 12, 2016 as a hub airport (the trade name before the alteration of the Plaintiff Company is D Co., Ltd.).

(2) On January 2, 2017, from January 2, 2017 to February 1, 2018, the Defendant is a person who is in charge of the business of leasing an aircraft to be used by the Plaintiff Company while working as the head of the maintenance headquarters of the Plaintiff Company. (2) On May 2, 2017, the Plaintiff Company was introduced by the Defendant, who was the E representative director.

Plaintiff

On May 25, 2017, the Company entered into an agreement with F to increase the brokerage of the conclusion of an aircraft lease contract with F.

B. In general, the lease of an aircraft during the process of concluding an aircraft lease agreement goes through the procedures of sending the lessee’s proposal, receiving the lessee’s proposal, negotiating terms and conditions, signing LOI’s signature, aircraft inspection (PRE-INSECON), aircraft inspection for acceptance, and conclusion of this agreement.

C. 1) The Plaintiff Company entered into an aircraft rental agreement with the Plaintiff Company through F’s brokerage (G; hereinafter “G”).

I aircraft used by H in the U.S. fleet operations (hereinafter referred to as “instant aircraft”).

(2) G sent e-mail to F on July 6, 2017, and attached the death of the instant aircraft as of April 30, 2017. According to the standard specifications attached thereto, it was stated that the instant aircraft was accompanied by the engines of ESN 8959(1) and ESN 88816(2).

3) On July 7, 2017, F requested G to send LOI draft. However, G still did not specify a specific engine to F on the same day, and the engine did not reach an agreement on the approximate rent, it is somewhat difficult to set up LOI at the present point, and the engine sent e-mail to the effect that it will implement the aircraft lease contract in the direction of subsequent decision. 4) F will implement the aircraft lease contract.

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