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(영문) 서울동부지방법원 2015.12.16 2014가합3779

원상회복

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiff's Dong-in D et al. did not sell actual goods, and established E et al. for the purpose of credit card transactions (so-called "credit card tin"). D et al., as a director of E et al., was in charge of soliciting card holders who want credit card loans.

D et al., in collusion with F et al., an employee of the Defendant, caused false sales by credit cards as if he/she sold milk, rice, etc. through G, which is the Internet shopping mall operated by the Defendant. From June 13, 2012 to October 30, 2013, ordered goods worth KRW 9,420,189,057 using the credit card of a person who wants to borrow a credit card from around June 13, 2012 to around October 30, 2013, after deducting 1% of the sales amount from the Defendant without a commodity transaction, and distributed part of them to the credit card holders.

D was convicted of 2 years of suspended sentence for 8 months of imprisonment due to the above crime

(Seoul Central District Court 2013Kadan8443 Fraud, etc.). Plaintiff A orders, either directly or through D, to assist Dongin D, to purchase 226,85,600 won in total from G during the period from August 13, 2013 to October 17, 2013, and to settle the purchase price by using a credit card, but the purchased goods have not been delivered, and the credit card price has been paid by E, etc.

Plaintiff

B From August 29, 2013 to October 15, 2013, G purchased 56,549,000 won, rice, etc. in total from August 29, 2013 to October 15, 2013, it was ordered to pay the purchase price using a credit card, but it was not delivered with the goods purchased like the Plaintiff A, and credit card price was also settled by E, etc.

[Reasons for Recognition] The plaintiffs are the main arguments of Gap's non-contentious facts, Gap's 1 to 2, 5, Eul's 4 and 5, and the purport of the whole pleadings.