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(영문) 수원지방법원 2017.08.25 2016나19746

보상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a person who purchased a mine bell from B, a business employee of the Sungnam Light Belgium Co., Ltd. (hereinafter “Snam Light Belgium”), and the Defendant is an enterprise specialized in manufacturing teaching materials, teaching equipment, learning materials, etc. for young children, which has sold the above teaching materials to individual business operators including Sungnam Light Belgium.

B. On May 16, 2014, the Plaintiff purchased at 266,000 won in total, among the components of the “scoping pen” (sales price of KRW 208,000) and “scoplate” (a total of KRW 151,00 (hereinafter “instant school district”) among the components of “poping string Scopher Scopn Scopn Scopn Scopn” and “scoping stopher” (hereinafter “the sales price of KRW 151,00”).

C. The Plaintiff filed a complaint with the charge of occupational embezzlement, etc., alleging that the purchase price of KRW 266,00,000, which the Plaintiff received from the Plaintiff, was arbitrarily consumed without delivering it to the Sungnam mine level. However, on July 30, 2015, B received a non-prosecution disposition on the ground that both the purchase price and the above price were deposited into the account of the Sungnam mine level from the Suwon District Prosecutors' Office on July 30, 2015.

On the other hand, the defendant operates the "pro rata Sales Report System" with the content that the amount equivalent to 30% of the sales price shall be paid as compensation to consumers who submit evidentiary data on the facts that they purchased at a discount for their own teaching materials.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 17 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) The plaintiff purchased at a discounted price of KRW 266,00 at a discounted price of KRW 359,000 and reported this to the defendant. As such, the defendant must pay the plaintiff compensation in accordance with the discount sale reporting system. 2) The plaintiff is the defendant's company.