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(영문) 서울중앙지방법원 2019.11.12 2019나30432
선지급금 환급 및 손해배상
Text

Of the judgment of the first instance, the part against Defendant C in the judgment of the court of first instance is revoked and the revocation part is against Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the e-commerce business, etc., and Defendant B is a person who runs the agricultural products sales business, etc. in the name of Defendant C, an ASEAN.

B. On October 2017, the Plaintiff and Defendant B agreed that if the Plaintiff sells the compromise of the Plaintiff’s production in the Internet shopping mall, the Defendant would directly deliver the compromise to the customers of the shopping mall, and the Plaintiff would first pay KRW 25 million (25,000,000,000,000,000 for the compromise of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(hereinafter referred to as “instant agreement”). C.

The Plaintiff deposited KRW 25 million into the account under Defendant C’s name on October 25, 2017 pursuant to the instant agreement. However, in the Internet shopping mall, 127 boxes (amount: 3,175,000 won (=25,000 won x 127) out of 127 boxes (amount: 3,175,000 won) corresponding to the aforementioned advance payment was sold.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including additional number; hereinafter the same shall apply), the purport of whole pleadings

2. The Plaintiff filed the instant lawsuit seeking refund of KRW 21,825,00, which was the part of the advance payment, and the payment of KRW 1,258,885, which was the part of the advance payment, in the Internet shopping mall. In the first instance trial, only the above KRW 21,825,00 was cited, and the part of the advertising expenses was dismissed. The Defendants appealed against the judgment of the first instance. Accordingly, this court is subject to the said judgment only to the said KRW 21,825,00,00.

3. According to the above facts of determination, Defendant B’s settlement amount of KRW 21,825,00 (25 million - 3,175,000), which is the portion not sold among the advance payment, pursuant to the instant agreement, and the existence and scope of the obligation of Defendant B from June 15, 2018, following the delivery date of a copy of the complaint of this case, as sought by the Plaintiff.

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