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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. Facts of recognition;
A. The Defendant opened and operated a website called “C” and “D” as a stock company established for the purpose of providing Internet information service, etc., which provides an expected number of lottery winning tickets.
B. On February 20, 2015, the Plaintiff joined the above C and paid the Defendant totaling KRW 1,590,000 to the Defendant on June 5, 2015, KRW 990,000,000 on September 25, 2015, KRW 300,000 on October 22, 2015.
C. The Defendant’s representative director, E, posted a forged 1st class lottery ticket in the C’s photograph bulletin board, and made an advertisement of false director by producing and publishing a screen image with which the first class winner was exposed, etc. (violation of the Act on Fair Labeling and Advertising), and the appeal was dismissed, and the appeal was finalized on August 2, 2019. The Defendant, as an employer, was sentenced to a fine of KRW 10 million as to the above act of the representative director, and became final and conclusive around that time.
[Attachment District Court 2018 High Court 2366, 2018No2393 (the appellate court is applicable only to E). [Grounds for recognition] / [The fact that there is no dispute, Gap evidence 2, 3, 4, 7, 11, 22, Gap evidence 23-1, 23-1, 2, and Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff was registered as a paid member, paid KRW 1,590,00 as a paid member’s membership fee, etc. at the end of the Defendant’s false statement that the winning rate of the Roto Lottery is high. The Plaintiff purchased 20,000 won per week with the roto number issued by the Defendant as a winning number, but did not won.
As such, the Plaintiff subscribed to C as a paid member according to the Defendant’s deception and purchased Kloto Lottery Tickets for two years each week, and thus, the instant fee member membership agreement, etc. on the ground of the Defendant’s deception shall be revoked.
Article 10 of the Act on Fair Labeling and Advertising is Article 10 of the Act on Fair Labeling and Advertising.