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(영문) 대전지방법원공주지원 2019.02.21 2018가단21752
채무부존재확인
Text

1. The Plaintiff’s obligation to the Defendant amounting to KRW 2,970,000 based on the purchase contract for cleaning machines dated May 24, 2017.

Reasons

1. Basic facts

A. The Defendant is a corporation engaged in door-to-door sales, mail order, electronic commerce transaction, and services incidental thereto.

B. On May 24, 2017, the Defendant called from the person who asserts himself as the Plaintiff to purchase at KRW 2970,000,00 for 12-month cleaning machines (name of products: DC-74) (hereinafter “instant cleaning machines”) from the person who claimed as the Plaintiff, and received a front copy and account number (C bank D) of the Plaintiff’s resident registration certificate under the Plaintiff’s name. On the deposit of KRW 297,00,00,000 for the purchase price of the instant cleaning machines into the Defendant’s account, the Defendant cleaned the instant cleaning delivery machines to “Bcheon E, 1st,00,000, which is the address designated by the telephone.”

C. On July 7, 2017, the Plaintiff reported that the Plaintiff purchased the instant cleaning machine by stealing the Plaintiff’s name by stealing the Plaintiff’s name.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1, 2, and 3, Videos of Evidence Nos. 4 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff did not purchase the cleaning machine of this case from the defendant, and since the plaintiff could have ordered the cleaning machine of this case by misappropriation of the plaintiff's resident registration certificate and the account number, the plaintiff does not bear the obligation to purchase the cleaning machine of this case against the defendant.

B. The defendant also judges the contents of the reference document after the closing of argument.

A copy of resident registration certificate and an account number can not be held by the person himself/herself, so long as the defendant confirms that he/she was provided with it, the person who ordered the cleaning machine of this case can be deemed to be the plaintiff, and even if the other person was ordered to do the cleaning machine of this case, the plaintiff granted his/her power of attorney or declared his/her intent of granting his/her power of attorney. Thus, the plaintiff is a person responsible for the formation of appearance and who is responsible for

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