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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff reported on the sales of smartphones as indicated in CKapet “D”, and sent the F message to the Defendant who operates the “E” as indicated in the said sales text as the sales store of the Gwangju metropolitan area and made a promise to visit the sales store.
B. On July 24, 2018, the Plaintiff visited the “E” located in Gwangju Nam-gu G and H, and prepared an application for change of the device of gallonian 8 (a model name SM-N950NN64G; hereinafter “instant smartphone”). On the same day, the Plaintiff paid KRW 670,000 to the Kakao Bank Account (I) in the name of the Defendant, but did not receive any smartphone purchased up to the present date.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, video, purport of the whole pleadings
2. Summary of the parties' arguments;
A. On July 24, 2018, the Plaintiff entered into a contract with the Defendant to purchase the instant smartphone in KRW 670,000 (hereinafter “instant contract”) and paid the price to the Defendant. The Defendant did not pay the instant smartphone up to that day.
Therefore, the contract of this case is cancelled by the service of the copy of the complaint of this case on the ground of the above default of obligation of the defendant, and the defendant is entitled to the refund of 670,000 won and interest or delay damages.
In light of the fact that the plaintiff and the defendant appear not to have an intention to continue the contract of this case, and that the plaintiff claims the return of the entire price to the defendant under the premise that the contract of this case is no longer effective, it shall arrange for the plaintiff's assertion as stated in the written complaint of this case.
B. The defendant, as the agent of the Gwangju metropolitan area of "J" (hereinafter "J"), prepared an application for change of a device from the plaintiff and received the payment of a smartphone, and then sent the remaining money excluding the prescribed fees out of the smartphone price to the J so that a smartphone purchase contract can be concluded by sending the application to the J.