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(영문) 서울동부지방법원 2015.01.13 2013가단15761
구상금
Text

1. Each of the plaintiff's claims is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap's evidence, evidence Nos. 1, 2, 4, 13, and Eul's evidence Nos. 1 through 9, the purport of the whole pleadings);

A. A. Around December 12, 2012, Defendant B, who leased and operated Ecom in Young-gu Seoul Metropolitan City, concluded a sales contract with F to purchase 3 TV sets of 61,198,50 won for free from G of “F to install a rooftop advertising board on the rooftop of the above apartment building.” In response, Defendant B, who purchased 3 TV sets of 61,198,50 won from F.

B. Around December 12, 2012, Defendant B believed the end of G and concluded an installment financing agreement (hereinafter “instant installment financing agreement”) with Samsung Card Co., Ltd. (hereinafter “Ssung Card”) to provide installment financing services with the name of “H,” whereby Defendant B would be liable for installment payments, with an agreed amount of KRW 80,758,573,573, which added interest to the payment method of TV payment of the product price of KRW 61,198,50,00 with respect to the installment payments of KRW 36,00,000 to be paid monthly 2,243,293,000 (hereinafter “this case’s installment payment agreement”). At the time, the Defendants stated the application for installment payment (No. 3), and submitted the said application for installment payment to “F,” and the Plaintiff signed the said application for installment financing agreement with Defendant B’s signature and seal on the lower part of the Plaintiff B’s application for installment payment (hereinafter “Defendant B’s joint and several surety”).

On the other hand, upon the request of the above G, the Defendants confirmed that the above Samsung Card was supplied with 33 TVs on the wire and completed installation.

C. Accordingly, Samsung Card is F.

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