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(영문) 수원지방법원성남지원 2017.05.02 2015가합208258
채무부존재확인
Text

1. The Plaintiff’s obligation under the service contract of Ison (INpay) on August 1, 2014 to the Defendant is 203,87.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at multi-level sales and distribution business.

B. The Defendant is an enterprise that supplies Ei Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa PaP

C. On August 1, 2014, the Plaintiff entered into a loan contract (hereinafter “instant service contract”) with the Defendant. On September 26, 2014, the Plaintiff entered into a payment guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. and paid KRW 82,00,000 to the Defendant as cash security.

1) The Defendant paid the Plaintiff the purchase price of goods on the Plaintiff’s website, excluding the commission for settlement agency, when the Plaintiff’s multi-level seller pays the purchase price of goods on the Plaintiff’s credit card company’s website. 2) The Plaintiff’s purchase price was KRW 2,179,689,658 from October 2014 to August 2015 by the Defendant’s credit card settlement agency service. The Defendant paid the Plaintiff KRW 2,025,759,902 (i.e. 2,179,689,658 won - 71,929,756 won from October 1, 2014 to August 2015, 715, 71,929,756, and the cash security amount paid by the Plaintiff (i.e., KRW 82,00,000).

E. However, the plaintiff is against the defendant.

The goods have not been delivered to the goods purchaser despite the receipt of the settlement price of the claim, and the goods purchaser requested revocation to each card company, and as above, the goods purchaser was liable to the Defendant for the total amount of KRW 285,887,835 of the amount that did not claim for the card price or was subject to the refund measures.

F. On November 14, 2015, the Defendant: (a) the Plaintiff received an attempted claim under the instant service contract on November 14, 2015.

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