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(영문) 서울동부지방법원 2014.08.12 2013가단19220

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2012, the Defendant operating D in Kimcheon-si Co., Ltd.: (a) received a proposal from F and G to “E” as an employee of “E”, and concluded a sales contract with E to purchase KRW 39,520,00 for KRW 19 TV from E.

B. On September 18, 2012, the Defendant: (a) concluded an installment financing agreement with Samsung Card Co., Ltd. (hereinafter “Ssung Card Co., Ltd.”) with the Plaintiff conducting installment financing agency business under the name of “H company” (hereinafter “Ssung”); (b) concluded a contract with the Plaintiff to pay KRW 52,151,251,00 in 36 installments of 36 installments of the product price plus interest at KRW 1,448,646 per month (hereinafter “instant installment financing agreement”); and (c) confirmed that construction of the said TV by wire was completed upon the request of F and G.

C. Accordingly, Samsung Card paid the TV price to E, but not later than the end of September 2012, only five TV sets were installed in the Defendant’s inn until the end of September, 2012, and F and G paid only three installments differently from the agreement made between the Defendant and the Defendant, but did not pay the remainder.

Around March 11, 2013, the Defendant notified the Samsung Card that “I would request the suspension of the claim for installment payment against the Defendant because I had deceiving from E”.

E. Thereafter, Samsung Card collected KRW 1,073,075 on May 25, 2013 with respect to loans under the instant installment financing agreement, respectively, from the Plaintiff, KRW 1,073,075 on June 25, 2013, KRW 1,073,075 on June 25, 2013, KRW 1,073,075 on July 25, 2013, and KRW 32,053,838 on August 22, 2013.

[Grounds for Recognition: Evidence Nos. 1 through 6, Evidence No. 2-1 through 6, Evidence No. 12, Evidence No. 19, 21, and the purport of the whole pleadings]

2. Determination as to the claim for indemnity

A. The Plaintiff’s assertion is between Samsung Card and Samsung Card.