logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.14 2017나113325
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The fact of recognition was that the Defendant sold shares-related broadcasting and text service vouchers, etc. on the website, etc. of “C,” the Plaintiff purchased from the Defendant on September 28, 2016 the right to use 80,000,000 Spanish social membership services (including a one-year right to use services; hereinafter “instant right to use”) from the Defendant on September 28, 2016; the Plaintiff requested the Defendant to use the instant right to use the said services after the purchase; and thereafter, the Plaintiff requested a refund of the said right to use the said right to the Defendant on October 6, 2016 by phone calls to the Defendant on October 6, 2016, may be recognized by the dispute between the parties, or by the entries in the evidence No. 1, 2, 3, and 2, and the purport of the entire pleadings and the entire pleadings.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion 1) The Defendant sold securities broadcasting and the right to use text services by soliciting free members who subscribed on the website to convert by telephone to pay members. Accordingly, the Plaintiff purchased the instant right to use from the Defendant and then sold the right to use door-to-door sales Act (hereinafter “Door-to-Door Sales Act”).

(2) On October 6, 2016, a 14-day period prescribed in Article 8(1) of the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”), the instant right to use a digital content constitutes divisible digital content as prescribed by Article 17(2)5 of the Act on the Consumer Protection in Electronic Commerce, Etc. (hereinafter “Electronic Commerce Act”). The Defendant provided only 18 of the 180 digital content, which the Plaintiff requested a refund, to be provided pursuant to the said right by October 6, 2016.

3) Therefore, the Defendant is obligated to return to the Plaintiff the remaining KRW 72,00,000, which remains after deducting 10% of the above sales amount. (B) Determination 1) Determination on whether to cancel an order or to cancel a contract pursuant to the Door-to-Door Sales Act is possible, Article 8 of the Door-Door Sales Act.

arrow