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(영문) 서울중앙지방법원 2013.11.20 2012가합542086
손해배상(기)
Text

Defendant Q shall pay to the Plaintiffs each corresponding money listed in the Claim No. 1 of the attached Table 1, as well as the corresponding money on January 13, 2012.

Reasons

1. Basic facts

A. Defendant Q Q’s fraud 1) Defendant Q’s business registration under the trade name “AV” with clothes and miscellaneous electronic commerce as the type of business on April 1, 2011, and around November 201, as the trade name “AW”, Defendant Q’s Internet social money site (hereinafter “AW site”).

(2) On November 27, 201, Defendant Q began selling merchandise coupons through AW website from around November 27, 201. From around that time, Defendant Q sold merchandise coupons at a discount rate of 12% to 25% on AW website from that time to early January 2012. Where the payment of merchandise coupons is made in advance, the merchandise coupons will be delivered once in one month at a minimum of 3 months and at least 6 months at a discount rate. The money for merchandise coupons will be delivered in installments according to the discount rate, and the money for merchandise coupons was acquired through the method of delivering only a part of merchandise coupon to the person who has deposited the money for merchandise coupons, or not delivering at all.

3) As between December 5, 201 and January 9, 2012, the Plaintiffs deposited the merchandise coupon price to Defendant Q Q in ordering the merchandise coupon through AW website, but it was not delivered only part of the merchandise coupon price or delivered at any time, and thereby suffered damage by deceiving the money equivalent to the difference between the deposited amount and the received amount of the merchandise coupon. Accordingly, the Plaintiffs’ payment date and the deposited amount of the merchandise coupon, the received amount of the merchandise coupon, and the details of the damaged amount are as indicated in the corresponding part of attached Table 2. (B) Defendant Q Co., Ltd. (hereinafter “Defendant R”) operating the “AY” (hereinafter “AR site”) on December 2, 201, which is the Internet Economic News Site, designated Defendant AR as a water business entity eligible for branding AW as a small and medium enterprise, and Defendant RR selected on December 21, 201 to request Defendant AR as a water business entity eligible for AW’s brand (hereinafter “Defendant AR”).

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