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(영문) 수원지방법원 2015.11.05 2015나12465

부당이득반환 (카드사용대금)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The plaintiff as added at the trial.

Reasons

1. Summary of the parties' assertion

A. The Plaintiff was a customer of marina branch (hereinafter “the instant marina branch”) operated by the Defendant with the trade name “D” in Sungnam-si, Sungnam-si.

원고가 위 마사지점에서 취급하는 화장품에 관심을 보이자, 피고는 위 화장품 공급 회사인 21세기훠유 주식회사(이하 ‘이 사건 회사’라 한다)의 강남센터에서 화장품의 사용법 등에 관한 교육을 받아볼 것을 권유하였고, 원고도 이를 승낙하여 피고와 함께 위 센터를 방문하였다.

However, on February 22, 2012, the Defendant received two credit cards from the Plaintiff under the pretext that he/she would inquire about the limit of the Plaintiff’s credit card, and settled the amount equivalent to KRW 16 million of the company’s cosmetics without the consent of the Plaintiff. On March 26, 2012, the Defendant additionally paid KRW 1,369,700 with the Plaintiff’s credit card.

Since then, when the plaintiff demanded the defendant to cancel the above unauthorized settlement, the defendant suggested that the plaintiff provide necessary cosmetics within the above settlement amount at each time at the Marina branch of this case, and that he be free of charge for three years, and the plaintiff responded to this.

However, the defendant closed down the above marina branch with only the goods worth KRW 11,57,400. The defendant has a duty to return for unjust enrichment the difference between the card price that was paid without permission to the plaintiff and the amount equivalent to the price of the goods received, which is 5,792,300,000, which is part of the 5,792,300 won, and the damages for delay, which is the difference between the card price that was paid without permission to the plaintiff and the amount equivalent to the price of the goods received, and the defendant has a duty to pay 5 million,00,000 won and damages for delay within the scope

나. 피고 원고가 2012. 2. 22.경 이십일세기훠유 주식회사와 사이에 프랜차이즈계약을 체결하고 피고와 유사한 방식으로 마사지점을...