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(영문) 서울중앙지방법원 2017.04.28 2016나71340
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The first instance court dismissed both the Plaintiff’s claim against the Defendant (the former 2016 Ghana5727979 case) and the Plaintiff’s claim against the co-defendant C and D (the former 2016 Ghana54148 case). Since the Plaintiff appealed only to the part against the Defendant among the judgment of the first instance, only the Plaintiff’s claim against the Defendant is subject to the final judgment.

2. The Plaintiff, on February 23, 2016, deposited KRW 900,00 to the Defendant’s Gwangju Bank’s deposit account (E) in the name of the Defendant designated as the payment account by visiting the Internet site (www.365-Cet.com) of “365 ket” (www.365-Cet). On the same day, the Plaintiff expressed his intention to purchase additional merchandise coupons by using the phone number announced at the above Internet site to the second buyer, and deposited KRW 1,60,000 in addition to the above Defendant’s deposit account under the Defendant’s name. The Plaintiff, who did not deliver merchandise coupons purchased at the above Internet site, confirmed that the sales of the merchandise coupon was fraudulent, and applied for suspension of payment to the Defendant’s deposit account under the Defendant’s name, including the Defendant’s money transfer from the Defendant’s bank account to the Defendant’s 20 G bank account, and then, reported the Defendant’s money transfer to the Defendant’s new bank account in the name of 2G from February 19 to 2G.

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