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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. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. Parts to be dried;
A. The second to tenth parts of the judgment of the court of first instance shall be raised as follows.
A person shall be appointed.
B. Around September 2018, the Plaintiff decided to purchase 300 copies of solar panel from H referred to as “G company’s business division director” and deposited KRW 36,30,000 as the price for goods in the F Bank account in the name of the Defendant (Account Number K; hereinafter “instant account”) designated by H on September 18, 2018.
C. However, the following day after the Plaintiff deposited the price of the goods, contact with H was interrupted, and the Plaintiff did not receive the goods to be purchased.
On the other hand, around September 2018, the Defendant received a proposal that “The Defendant would pay the fee of KRW 100,000 to KRW 20,000,00 if it would temporarily use the passbook as it is necessary for the day related to the handling of taxes, as it is related to the handling of taxes,” from a daily allowance for a name-free showing crime, and notified the account number to the name-free person.”
A person shall be appointed.
B. The 3rd to 4th of the first instance judgment shall be dismissed as follows. The 4th of the first instance judgment shall be reversed.
【In light of the following facts and circumstances, which are acknowledged based on the above legal principles as a whole in light of the statement No. 1 of the evidence No. 1, i.e., ① the account opened by the Defendant before September 2018 and used for the purpose of paying the card price and the insurance money, etc.; ② the Plaintiff’s money deposited in the instant account remains without withdrawal; ③ the Defendant’s right to dispose of the instant account to a third party (such as the passbook, cash card, etc.) is not revealed.