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(영문) 수원지방법원 2019.05.16 2018나7235

부당이득금

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. On August 22, 2016, the Plaintiff’s assertion entered into a contract with the Defendant for the purchase of a device used for customer management (hereinafter “instant device”). At the time, the Defendant posted the Defendant’s website and the Internet portal site “C” in the advertisement of the Plaintiff’s “E branch” located in Gwangju City (hereinafter “instant business entity”) and provided the film ticket as a service.

However, since the Defendant did not provide the above service after installing the instant device, the Plaintiff rescinded the instant contract by serving the content-certified mail as of September 28, 2017 or by serving the original copy of the instant payment order as of April 18, 2019 or by serving the content-certified mail as of April 18, 2019. Accordingly, the Defendant is liable to pay the Plaintiff KRW 1,728,000 for the purchase price of the instant device.

2. Judgment on the plaintiff's claim

A. The facts acknowledged (1) The Plaintiff asserted that the instant device used in customer management by the Defendant was purchased at KRW 1,728,00 (36-month installments, monthly installments, KRW 48,000, and that it was borrowed and paid from F) and submitted as evidence to this court a copy of the installment financing agreement (Evidence 2) and a copy of the installment financing agreement (Evidence 1).

(2) However, the evidence No. 2 states that the device installation cost is KRW 100,00,000, and the buyer is stated as “A” (the Plaintiff) and “G” (hereinafter “H”) in the lower end of the contract, and the person in charge is stated as “H” (the number is also stated in the above contract), but the Defendant’s name is not indicated in the above contract, but does not appear in the above contract, and there is no information to grasp the relationship between the non-party company and the Defendant.

The relationship between the non-party company and the defendant.