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(영문) 수원지방법원 2016.12.15 2015가단34112
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. On April 23, 2013, the Plaintiff purchased mobile phone terminals (product names: products names: S3) from Defendant B, who is an employee, in the C building agency of Defendant LB Plus Co., Ltd. (hereinafter “Defendant Company”), and joined the Defendant Company’s telecommunications services.

Defendant B explained that “the amount of KRW 270,000 of the terminal subsidy is provided on a basic basis and additionally discounted the amount of KRW 180,000,000,” but the Defendant Company did not set aside a discount of KRW 270,000.

On May 3, 2013, the Plaintiff paid insurance treatment costs by losing a mobile phone device and then received a new mobile phone device from the Defendant Company, which was the low-level product of a specifications different from the first one.

Accordingly, the Plaintiff did not pay the installment for the device while moving the mobile carrier, and the Defendant Company received the remaining installment in accordance with the credit insurance for the mobile device installment contract concluded with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”).

The Seoul Guarantee Insurance claimed compensation from the Plaintiff, and due to the suspension of the Plaintiff’s bank transactions, the Plaintiff suffered monetary and mental damage.

Since such damage is caused by illegal acts such as deception and payment of low-class terminal devices related to the defendants' installment, it is claimed that the amount stated in the claim is reasonable.

B. The written evidence No. 11 of the judgment alone is insufficient to recognize that Defendant B had deceiving the Plaintiff by making a false statement on the details of the discount of the installment of the device. There is no evidence to recognize that the device that the Plaintiff received after the loss is a low-level device.

Rather, the Plaintiff asserts that the Plaintiff sought an explanation from Defendant B on the installment payment of the device and confirmed that the Defendant stated the content in the application form for joining, but according to the evidence No. 2, the price of the device is KRW 189,000.

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