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(영문) 서울고등법원 2019.03.15 2018나2024927
약정금
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the plaintiff's claims against the above revocation.

Reasons

1. The reasoning for this part of this Court’s reasoning is as follows. Thus, this part of the reasoning of the judgment of the first instance is identical to the corresponding part of the reasoning of the judgment, and this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of Part 8 " directly paid to D" shall be deemed to be "D".

Each "F" of the 11th and 18th deeds shall be raised to "C".

Part 3 "A" in Part 14 of the third side shall be understood as "B".

2. The reasoning for this part of the judgment on the instant safety defense is the same as that of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion D, the Plaintiff, and the Defendants agreed to the third party, and the Defendants paid the sales proceeds of travel goods that the Defendants already borne or are to be borne in the future to the Plaintiff. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the sales proceeds of travel goods to D.

Even if it is not so, D and the Defendants agreed to pay the Plaintiff the sales price of travel goods to D, that is, for a third party, and the Plaintiff, who is a beneficiary, expressed its intent of profit by receiving it. Thus, the Defendants are jointly and severally liable to pay the sales price of travel goods to the Plaintiff.

B. The instant business partnership agreement was concluded between the Plaintiff and D on June 1, 2014, stating that the Plaintiff would recover the sales price of D’s travel goods from the domestic travel agent and transfer them to D. The Defendants and D concluded the instant settlement agreement on November 14, 2014, stating that the Defendants may sell D’s travel goods in Korea and collect the sales price, and transfer the remainder after deducting the fees, but the Defendants may pay the payment to the Plaintiff, who is the domestic collection agent of D.

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