(영문) 서울중앙지방법원 2017.07.12 2017나21625

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(영문) 서울중앙지방법원 2017.07.12 2017나21625

편취금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant agreed that the Defendant purchased franchising in a foreign country and gave them to the Plaintiff.

The Plaintiff paid KRW 2.3 million to the Defendant on June 9, 2014 at its case cost.

B. On June 26, 2014, the Defendant purchased flin in a foreign country and gave the Plaintiff the purchase of flin, but (hereinafter “the first purchase”) did not appear in mind, and received a return of flin on July 31, 2014. C. The Plaintiff and the Defendant decided to purchase flin in a foreign country again, and the Plaintiff paid 8,300 flin to the Defendant on August 5, 2014. D. The Defendant purchased flin in a foreign country and delivered it to the Plaintiff on August 15, 2014 (hereinafter “second purchase”).

After that, on August 26, 2014, the Plaintiff revoked the purchase of Bain, and the Defendant returned Bain from the Plaintiff and returned it to the seller abroad.

F. The Defendant spent 2,502.21 f. transportation expenses, etc. in the course of return following the purchase and cancellation of the second purchase.

G. On November 30, 2014, the Plaintiff demanded the Defendant to return the 8,300 percentage paid to the Defendant in relation to the second purchase by December 1, 2014.

H. The Defendant remitted 5,800 00 00 00 0,000 2,500 00 0,000 0, such as transportation expenses set forth in the above paragraph (f) to the Plaintiff’s bank account account (Account Number C), but the Plaintiff terminated the above bank account and returned 5,800 5,728.45 0 00 0,000 71.55 0 00 00 00 0.7,000

After that, on June 22, 2015, the Defendant deposited KRW 7,098,548 with the Plaintiff as the principal deposit.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 5, 6 evidence, Eul's 1 through 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1 of the parties agreed to bear transportation costs, etc. in relation to the purchase that the Plaintiff asserted.

유사 판례

-서울중앙지방법원 2016.11.23 2016나47484

-서울중앙지방법원 2013.09.27 2012고단675

-서울중앙지방법원 2012.11.2.선고 2011가합58300 판결

-서울중앙지방법원 2015.02.10 2014가단5106291

-서울서부지방법원 2017.04.27 2016가단258547