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1. Of the judgment of the first instance court on the defendant AR Co., Ltd., the part ordering payment under paragraph (2) below.
Reasons
1. The following facts of basic facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account Gap evidence Nos. 1 through 5, Gap evidence Nos. 7 through 48, Gap evidence Nos. 49 through 54, Gap evidence No. 58 and 72 (including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 58 and 72, and the overall purport of Gap’s A Q testimony and arguments.
[1] In October 201, Defendant Q advertised advertised that Defendant Q’s fraud crime with BG, BH, etc. and gift certificates discounted by 25% and divided into 3 to 6 months and advertised as if they were delivered, the first is delivered only, and the remainder of the gift certificates are not sent.
A Q registered the business under the trade name of "AV" with the e-commerce of clothing and miscellaneousization as a type of business in November 201.
(Business Registration Certificate is indicated as the business registration date on April 1, 201, but a business entity whose business registration was made by Q on April 1, 201 is a “BI” and changed its business registration to “AV to commit fraud” on November 2011. A Q paid the cost of opening an Internet site to a web site manufacturing company and made a “AW” site on December 1, 201.
A Q commenced sales of gift vouchers from November 27, 201 through AW website. From around that time, from January 27, 201 to January 1, 2012, AW website posted an advertisement stating, “I will sell gift vouchers at least 12% to the maximum of 25%. When advance payment of gift vouchers is made, I will deliver gift vouchers in installments once a month at a minimum of six months from the maximum of three months to the maximum of six months according to the discount sales rate.” The money for gift vouchers was acquired by means of not delivering only a part of gift vouchers to a person who has deposited the money for gift vouchers or delivering it at all.”
The Plaintiffs shall be from December 5, 201 to January 9, 2012.