(영문) 서울중앙지방법원 2017.06.20 2015가단5075721

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(영문) 서울중앙지방법원 2017.06.20 2015가단5075721

물품대금

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. On February 4, 2014, the Plaintiff drafted a contract with B (representative C; hereinafter “B”) related to the sales of airline tickets in the D preceding century (hereinafter “instant contract”) with the following content:

① The Plaintiff, as a sales agent of D Korea, shall engage in sales with D’s sales authority, and the Defendant, as a sales agent of D’s airline tickets in Korea, shall engage in sales of D’s airline tickets.

(2) The term of the contract is the contract for the entire nine-yearly aviation tickets (a non-cancellationable aviation ticket) in the entire century to the nine-yearly aviation tickets from February 21, 2014 to March 30, 2014.

3. B may not, in any case without the approval of the plaintiff, transfer to a third party the status of the contract of the seller B to the plaintiff.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff’s assertion (1) is a party to the instant contract, but the Plaintiff was aware of the actual subject of the instant contract at the time when the first contract was concluded.

The defendant borrowed only the name of B following the closure of the E he operated, and the contract is not the B seal, but the seal of E operated by the defendant is affixed to the contract, and the deposit and withdrawal of all money transactions was conducted in the name of E and the defendant.

Therefore, the Defendant has a substantive liability under the instant contract.

(2) As the Defendant did not pay to the Plaintiff KRW 48,06,00 up to the day out of the total sales proceeds of KRW 177,596,00 under the instant contract, it is obligated to pay the Plaintiff the unpaid amount of KRW 48,060,000 and delay damages therefor.

B. (1) Determination is generally a matter of interpretation of the intent of a party involved in the contract.

The interpretation of a declaration of intention clearly establishes the objective meaning which the parties have given to the act of indication.

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