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(영문) 광주지방법원 2018.12.12 2018나2260
용역비반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff: 12 persons for travel between the Defendant and the travel period from June 2, 2017.

6. By June 6, 200, three gambling days, five days for travel, 979,748,000 won per person per person per travel center, cost, and travel fee (i.e., KRW 979,000) (i., KRW 979,000 x 12) (hereinafter referred to as “instant travel contract”); and (ii) written a contract on December 15, 2016.

B. From November 24, 2016 to March 10, 2017, the Plaintiff paid the Defendant totaling KRW 9,669,600 under the instant travel contract.

C. On April 14, 2017, the Plaintiff notified the Defendant of the termination of the instant travel contract, and the Defendant returned KRW 2.2 million to the Plaintiff from July 6, 2017 to July 16, 2017.

The Plaintiff filed an application for remedy for damages with the Korea Consumer Agency on July 19, 2017, where the Defendant did not return the remainder of KRW 7,469,60,00, and the Defendant agreed on July 28, 2017 to return the said KRW 7,469,600 to the Plaintiff by August 31, 2017 (hereinafter “instant refund agreement”), and the said claim for remedy for damages was concluded.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Defendant asserts to the effect that the first instance court jurisdiction of the instant lawsuit is located in the Daejeon District Court’s astronomical support pursuant to Article 2 of the Civil Procedure Act.

However, a lawsuit on a property right can be brought to the court at the place of the performance of the obligation, and any obligation other than the obligation for which the delivery of a specific object is sought is the principle of the obligation for reference, and in the case of the obligation, the obligation is the present address of the creditor

The instant lawsuit is the Plaintiff’s present domicile, the obligee, who is the obligee, seeking the performance of the monetary obligation under the instant return agreement, namely, a lawsuit seeking the performance of the monetary obligation.

Therefore, the lawsuit of this case is under the jurisdiction of the Gwangju District Court having jurisdiction over the Gwangju Mine District, which is the plaintiff's domicile, and the defendant's assertion.

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