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(영문) 수원지방법원 2016.04.19 2015나31060

물품대금 반환

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. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased KRW 43,000,000 from the Defendant operating C for the first time, and paid the purchase price in full to the Defendant. However, on October 20, 2010, the Plaintiff agreed to the instant sales contract with the Defendant around October 20, and agreed to return the said purchase price to the Plaintiff. Since the Plaintiff returned only KRW 5,70,000 among KRW 43,000,000, KRW 37,000,000 (= KRW 43,000,000 – KRW 5,700,000 - KRW 5,700,000, KRW 5,700, and KRW 5,000, and KRW 300,000 to the Plaintiff’s account under the name of the Defendant’s representative, the Plaintiff appears to have a duty to temporarily deposit the Plaintiff’s account in the name of each of the Defendant’s account under the name of each of the Defendant’s account.

or there is no evidence that the defendant is a party to the contract of this case.

Therefore, without any need to examine further the Plaintiff’s claim based on the premise that the Defendant is a party to the instant sales contract.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.