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(영문) 서울중앙지방법원 2020.02.12 2019나38184
매매대금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant is a person who takes photographs, etc. in a trade name. The Defendant posted and sells goods, such as crowdfunding photographing, etc., to D (E), a portal site.

B. On August 28, 2018, the Plaintiff (hereinafter “instant product”) posted by the Defendant on the D website, and agreed to “Gangnam Family photograph, steis, and Mamanwa Holdings 40,000 won (hereinafter “the instant product”)” with the Defendant’s contact address indicated on the pertinent product, and on September 9, 2018, the date of filming was determined as September 9, 2018, and the price was 190,000 won (the photographing 40,000 won business 1.50,000 won).

(hereinafter “instant contract”). C.

With respect to the payment of the price under the instant contract, the Plaintiff separately settled 40,000 won in D, and deposited 1.50,000 won in merck business with the account known to the Defendant instead of separately remitting 1.90,000 won to the Defendant.

However, on August 29, 2018, the following day, the Plaintiff requested the Defendant to refund the full amount of the price by making it impossible to take photographs at the scheduled date. However, the Defendant rejected the Plaintiff’s request for refund on the ground that the weekend reservation is impossible under the internal regulations.

E. The Plaintiff’s evidence Nos. 1 (fepied screen) states that “The conditions of refund: 100% prior to 10 days prior to 10 days prior to 7 days, 50% prior to 7 days prior to the date of refund” on the portal site as to the instant product purchased by the Plaintiff.

(F) On the other hand, the product information posted by the Defendant on the portal site stated as follows: “The average daily rate: 100% prior to the 10th day, 50% prior to the 7th day, and on the same day: the date: the refund is not made; and the refund is not made at the end of the week and on holidays; the refund is not made at a maximum of 2 months.”

(hereinafter “Conditions for refund of Defendant’s assertion” (hereinafter “requirements for refund of Defendant’s assertion”). 2. [The fact that there is no dispute over part of the grounds for recognition, the entries in Gap’s 1 through 4, and Eul’s 1 through 3, and the purport of the whole pleadings]

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