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(영문) 서울동부지방법원 2014.11.14 2013가단13024
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Around November 2012, the Defendant, who operates D in the State-Si, accepted the proposal of E that “(s) to reduce the amount of KRW 585,000 per annum to KRW 18,000 per week from the guest room to install TV on the female rooftop,” and concluded a contract to purchase KRW 36,00,000 from the limitedcomer to which E belongs for purchase of KRW 36,00,000.

Around November 26, 2012, the Defendant concluded an installment financing agreement (hereinafter “instant installment financing agreement”) with Samsung Card Co., Ltd. (hereinafter “Tsung Card Co., Ltd.”) to use installment financing using the said payment method, namely, an agreement whereby KRW 47,506,197, which adds interest to the loan principal of KRW 36,00,00,00, was to be paid in 1,319,617, monthly installments in 36 installments.

In fact, the Defendant, upon the E’s request, prepared and submitted to the Samsung Card, the Plaintiff, and Limited Company, a letter of confirmation that the payment of 18 TV was completed, despite the fact that TV was not installed at all 18 TV, and responded to the effect that the installation was completed with respect to the confirmation phone for the establishment of Samsung Card employees.

After receiving the confirmation phone from Samsung Card, the defendant notified E that he will cancel the transaction by posting the phone, and that E would immediately cancel the transaction.

Nevertheless, the Plaintiff continued the loan process in accordance with the said installment financing agreement, and accordingly, received loans from Samsung Card on November 28, 2012, and remitted 3,4920,000 won to LLC.

After that, the Defendant refused to pay the installment payment by asserting that the installment financing transaction with Samsung Card was terminated, withdrawn, or revoked. On January 24, 2013, the Plaintiff paid to Samsung Card totaling KRW 36,226,319.

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