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(영문) 서울중앙지방법원 2018.02.01 2016가합558997
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status 1 of the party to the instant lawsuit is cut to the Plaintiff, and the Plaintiff is a company that produces products, such as soft-making, factory automation system, and Lao trading, related to plastic sales. On January 3, 2017, the company that was the joint Plaintiff of the instant lawsuit was merged with the said company, and taken over the instant lawsuit on August 16, 2017 (hereinafter referred to as the “Plaintiff”) on August 16, 2017.

(2) Defendant B is an individual entrepreneur who has operated a travelr under the trade name of “C”, and is the joint representative director of Defendant B, who is engaged in airline ticket sales consignment business, overseas travel business, etc.

B. On July 2012, the Plaintiff entrusted Defendant B with the issuance of overseas airline tickets on behalf of its executives and employees for their overseas business trips. From December 17, 2014, the Defendant Company took over most of the above services from Defendant C.

When the Plaintiff asks the Defendants to purchase airline tickets on a specific date and route according to the above consignment contract, the Defendants sent the ticket stating the information and total amount of the airline tickets (=the amount of airline tickets purchase commission) to the Plaintiff. On acceptance of this, the Defendants sent the ticket to the Plaintiff. On acceptance of the ticket, the Defendants made an agency for the issuance of airline tickets by way of settling the total sum of the airline tickets including the Plaintiff’s corporate credit card number

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 9, 10, 14 through 16 (each number is included; hereinafter the same shall apply), Eul evidence Nos. 2, 4 through 7, and 11, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In the first place of the Plaintiff’s assertion, the Defendants, while carrying out the powering agency business, are charged only for the general powering agency fee at a level of 7% of the amount of the airline fee, which is the recommended fee rate of the Korea General Tour Business Association.

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