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(영문) 서울고등법원 2011.11.23 2011나30101
청구이의
Text

1. Of the judgment of the court of first instance, the part on the No. 23 of November 23, 2006 No. 1 of the No. 2006 is amended as follows.

Reasons

1. The first trial on the scope of the trial shall accept in its entirety the Plaintiff’s claim on the Notarial Deed for Loan for Consumption as of November 6, 2006 and January 10, 2007, and partly accepted Plaintiff’s claim on November 23, 2006 on the Notarial Deed for Loan for Consumption as of November 23, 2006. The Defendant did not appeal each of the above lost parts, and thus, this part is excluded from this Court’s judgment.

Therefore, the scope of this court's adjudication is limited to the part against the plaintiff (50 million won and interest or delay damages) among the part concerning the Notarial Deed for Loan for Consumption (hereinafter "Notarial Deed") dated November 23, 2006.

2. Basic facts

A. Related 1) The Plaintiff is a corporation established for the purpose of manufacturing merchandise coupons and wholesale and retail business, etc. on August 19, 2005, which is the Korea Game Industry Development Institute (hereinafter “Korea Game Industry Development Institute”) as an incorporated foundation under the Ministry of Culture and Tourism.

(2) On April 21, 2005, the Plaintiff entered into an agency contract with the Defendant operating “E” in the name of D for the sale of merchandise coupons.

(F) On August 1, 2006, the Defendant changed its trade name to F and the nominal owner to V. (B).

1) The issuer of merchandise coupons, including the Plaintiff, shall be Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as "Seoul Guarantee Insurance") within the limit set by the Korea Game Industry Development Institute for each company.

(2) The Plaintiff collected and discarded merchandise coupons in circulation and obtained approval for additional issuance from the Korea Game Industry Development Institute to the extent that it is possible for the issuer to issue merchandise coupons in addition to the limit of issuance. 2) Until October 2006, the Plaintiff provided cash security, such as a time deposit certificate, equivalent to 50% of the total amount of merchandise coupons issued, to Seoul Guarantee Insurance, and issued merchandise coupon guaranty insurance.

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