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(영문) 서울동부지방법원 2015.03.17 2013가단53220
손해배상(기) 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 8, and purport of the whole pleadings);

A. The Plaintiff, in the name of “E” in Songpa-gu Seoul Metropolitan Government D (Ground 101-8, Dong 101-8), sold gift certificates at discount to the department stores. Defendant L branch Co., Ltd. (hereinafter “Defendant L branch company”) is a corporation that manufactures and sells electronic equipment; Defendant L branch Co., Ltd. (hereinafter “Defendant L branch”) is a corporation that engages in retail and wholesale business, such as electricity and information equipment, etc.; Defendant B, Defendant C, and Nonparty C were dispatched to the department stores, and worked at 8th floor L branch offices (hereinafter “instant L branch stores”) from July 2013 to July 18, 201, and Defendant B was working as a person responsible for the sale of the instant goods from around 201 to around 201.

B. Defendant Hapson supplied household appliances, etc. to the lot department store, and the lot department store in the instant case was sold to the customer of the department store and received the sales proceeds from the customer. After receiving the sales proceeds from the customer, Defendant Hapson traded money after deducting the department store fee from the sales proceeds.

C. From around January 2009 to August 11, 2013, F purchased gift certificates from the Plaintiff, and deposited the purchase price directly into the Plaintiff. However, the Plaintiff began to purchase gift certificates from the Plaintiff as credit because it was difficult to pay the purchase price of gift certificates. From January 26, 2013 to August 11, 2013, F purchased gift certificates as credit amounting to KRW 190 million. The total credit amount of KRW 37,817,00,000, and the total credit amount of KRW 31,125,000 on August 16, 2013.

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