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(영문) 서울중앙지방법원 2020.11.18 2019가합591285
원상회복
Text

For the plaintiffs:

A. The defendant A’s money corresponding to the “amount to be returned by the defendant A” stated in the attached Table 2 and this.

Reasons

1. Facts of recognition;

A. From July 2017, Defendant A, along with Defendant D’s spouse D, operated the Internet Kapet for the purpose of selling goods for childcare and sharing information for childcare (F, around July 2019, the name of the Kapet was changed to “G”; hereinafter “instant Internet Kapet”).

B. Defendant A and D posted a letter of joint purchase to sell home appliances, merchandise coupons, etc. at low prices on the Internet car page of this case, and advertised that if subscribed as a paid member, they can participate in joint purchase at a lower price.

C. The Plaintiffs, upon ordering the goods indicated in the “Disposition” column or applying for subscription to a paid member on the date indicated in the “Order Date” column of attached Table 2, remitted the money indicated in the “Disposition Amount” column to Defendant A and D.

(hereinafter referred to as “instant contract” in total, which was entered into between Defendant A and D, and the Plaintiffs with respect to joint purchase, and subscription to paid members.

However, Defendant A and D did not deliver the goods ordered to the Plaintiffs, and Defendant A was prosecuted for criminal trial on the charge of “A, even if they did not have the intent or ability to send the goods to the victims even if they received the purchase price through a joint purchase, thereby receiving the purchase price and the subscription fee for paid members from the victims.”

(J) Busan District Court 2019 High Court 5277 Ma.

D As of October 31, 2019, the Defendant B and C, a child, inherited 2/7 shares of each of them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 311, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant A and D did not deliver the goods ordered to the plaintiffs by not less than one year and not less than two years since the time they received the purchase price of goods and the subscription fee from the plaintiffs, and the defendant A is under criminal trial on suspicion of fraud.

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