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(영문) 서울동부지방법원 2014.06.13 2013가단13031

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. A. Around September 2012, the Defendant operating D in Nam-gu C at the port of port: (a) accepted the proposal of E and F that “Around September 2012, the Defendant would provide a place where a advertising tower is installed on the rooftop of a doer building, and install the up-to-date 3D TV 16 TV sets on the side of the State, free of charge; and (b) concluded a contract to purchase 28,800,000 TV 16 TV sets from its employees.

B. The Defendant is a type of business that, around September 24, 2012, believed the horses of E and F to be responsible for installment payments and used the installment financing of Samsung Card to a purchaser, such as the Defendant, such as the installment financing agent, in the trade name of G, and obtains a certain amount of fees from Samsung Card.

The Plaintiff, through the Plaintiff, entered into an installment financing agreement with Samsung Card Co., Ltd. (hereinafter referred to as “Tsung Card Co., Ltd.”), which provides that KRW 28,800,000,00 of the loan principal plus interest shall be paid in 1,05,693 monthly installments in 36 installments (hereinafter referred to as “instant installment financing agreement”).

However, at this time, the defendant only stated the necessary contents in the application for installment financing that E and F had been previously discharged, and the fact that this agreement was concluded through the plaintiff was the problem of installment payment and that it was known after the fact that this agreement was concluded.

In addition, at the request of E and F, it was confirmed that the above TV was supplied with all 16 TV on the Samsung Card and completed installation.

C. Accordingly, Samsung Card paid 28,800,000 won for TV through the Plaintiff, but thereafter, 50,000 TV was installed in the Defendant’s inn until October 2012, and E, F did not pay installments differently from the commitment, and under that circumstance, Samsung Card sent a notice to urge the Defendant to pay the full amount of the principal and interest on the part of Samsung Card to the Defendant. The Defendant knew that he was subject to deception from E and F, and on this ground. < Amended by Act No. 11613, Mar. 23, 2013>