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(영문) 수원지방법원 2018.08.10 2018나51560

보증채무금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The defendant is a business operator who engages in the business related to Internet-based online psychological diagnosis services (hereinafter referred to as “instant services”).

On July 23, 2015, when entering into a sales contract with the Defendant on the instant product sales business, the Plaintiff paid KRW 290,000,000,000 as the down payment, and KRW 11,326,00,000 as the down payment, when entering into the total sales contract with the Honam branch, which is a character related to the instant service, on February 24, 2016 (Evidence 11); and KRW 3,325,00 as the down payment; ③ as the down payment, KRW 498,00 as the cost of production; KRW 290,00 for the purchase of character; and KRW 4,213,00 as the virtual sales of an an animation program.

On March 7, 2017, the Plaintiff and the Defendant concluded each of the above sales agreements (hereinafter “each of the instant sales agreements”) with respect to the instant service, and concluded that the Defendant paid KRW 11,326,00 (hereinafter “instant refund money”) to the Plaintiff by May 12, 2017 (hereinafter “instant agreement”), but the Defendant did not pay the said refund money to the Plaintiff up to the day.

【Unless there is any special circumstance, the Defendant is obliged to pay the Plaintiff the refund of this case KRW 11,326,00 and delay damages therefrom according to the agreement of this case, barring any special circumstance, according to the following facts: (a) there is no dispute over the grounds for recognition; (b) Gap evidence Nos. 3, 4; (c) Gap evidence Nos. 9, 11; and (d) Gap evidence Nos. 29, 29, 34; and (c)

The defendant's decision as to the defendant's assertion is enormous to the defendant by deceiving the defendant as if the plaintiff did not perform the minimum basic business activities as the president of the Honam branch for the service of this case.