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(영문) 서울중앙지방법원 2016.10.12 2016가단5006463
계약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in marketing business under the trade name of “D”, such as arranging aviation routes and arranging travel visitors.

B. The Defendant was dispatched to the Defendant’s Intervenor as a public official affiliated with Japan’s Eastern (hereinafter “EN”) and served as the head of the Seoul Office of the Defendant’s Intervenor from November 2013.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The assertion and judgment

A. On March 11, 2014, the Plaintiff’s summary of the Plaintiff’s assertion: (a) on the premise of concluding an annual consulting agreement between the office of the present Seoul, the Defendant requested the Plaintiff to conduct the business of arranging and attending the meeting for visiting the headquarters of the Korea Air Service for the main persons of the present Etho, and (b) the Seoul Si visiting the etho-si market and arranging the meeting with the working persons of the domestic travel enterprises.

On March 12, 2014, the following day, the Plaintiff visited the E-site Seoul Office and consulted on the above business request. At this time, the Plaintiff was confirmed to be the premise of the annual consulting contract to the Defendant.

Since then, the Plaintiff received the approval of visit from the Korea Air Headquarters, and notified the Defendant thereof.

The Plaintiff continued to hold the countermeasures with the Defendant regarding the above two events, and at the same time, the Plaintiff requested the Defendant to conclude the annual consulting contract between the Plaintiff and the Etho Seoul Office for the annual contract price of KRW 5 million in Japan (hereinafter “N”) and the Defendant accepted the request.

After March 17, 2014, the Ma-si City Mayor and the person in charge of tourism business in Korea were present at the meeting, and on March 20, 2014, the defendant prepared a draft of the consulting contract as agreed with the defendant, and the defendant would enter into the agreement immediately, and first, the rest of the events (the meeting of visit to the headquarters of the Korea Civil Aviation Corporation) was reached.

On March 21, 2014, the Plaintiff, at the headquarters of the Korea Civil Aviation on March 21, 201, did not hold a meeting in advance.

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