(영문) 춘천지방법원 2016.10.28 2016나1100 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2016.10.28 2016나1100

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) A Co., Ltd. (hereinafter “D”)

A) The E gift certificates (hereinafter referred to as “instant gift certificates”) in an amount calculated by adding certain profits to the investment money to the customers within a certain period of time when investing a certain amount of money to the customers.

A) The gift certificates can be used as cash in the department store, etc., and if they cannot be used within four months, they are companies that sold the gift certificates of this case through multi-level business methods, and Defendant B was in charge of selling the gift certificates of this case as the Chuncheon branch office. (2) The Plaintiff heard the above explanation about the gift certificates of this case at D’s briefing session, and purchased KRW 20 million from Defendant B, who represented D in the name of F, his father, for the purpose of selling the gift certificates of this case in KRW 20 million.

3) On September 7, 2007, Defendant B, the Plaintiff on September 7, 2007, referred to as “the tea certificate” (hereinafter “the instant loan certificate”) stating that “I will be responsible for the purchase of D gift certificates (which refers to the principal).”

(4) Around July 2008, the Plaintiff was unable to use the gift certificates of this case or refund the gift certificates in money. The Defendant C signed the said loan certificates as joint and several sureties.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 52, Gap evidence 4 and 5, the purport of whole pleadings]

B. The loan certificate of this case is interpreted to mean that the plaintiff is unable to use the gift certificates of this case and the defendant B is liable for and returned 20 million won, the principal of the purchase price, in the event that the plaintiff is unable to refund the gift certificates of this case even though the plaintiff filed an application for refund for the refund of the gift certificates of this case. The defendant B is entitled to pay for

유사 판례

-서울동부지방법원 2017.10.13 2017가단103352

-수원지방법원 안양지원 2012.05.15 2011고단829 (1)

-수원지방법원 안양지원 2012.05.08 2011고단829

-서울중앙지방법원 2017.11.23 2016노4064

-서울중앙지방법원 2016.10.06 2015고단4446