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(영문) 서울고등법원 2011.11.23 2011나30118
상품권대금등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The relationship between the parties (1) On August 19, 2005, the Plaintiff was a corporation established for the purpose of manufacturing merchandise coupons and wholesale and retail business, and was designated as an issuer of “voluntary culture products sharing” selected as merchandise coupons by the Korea Game Industry Development Institute (hereinafter “Korea Game Industry Development Institute”) as an incorporated foundation under the Ministry of Culture and Tourism.

(2) On April 21, 2005, the Plaintiff entered into an agency contract with the Defendant operating “D” in the name of “C” for the sale of merchandise coupons.

(The defendant changed the name to E on August 1, 2006 and the nominal owner to F on August 1, 2006. (B)

1) The issuer of merchandise coupons, including the Plaintiff, shall be Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as "Seoul Guarantee Insurance") within the limit set by the Korea Game Industry Development Institute for each company.

(2) The Plaintiff collected and discarded merchandise coupons in circulation to issue merchandise coupons in addition to the limit of issuing merchandise coupons, and obtained approval for additional issuance from the Korea Game Industry Development Institute within the scope of the issuance. (2) Until October 2006, the Plaintiff provided cash amounting to 50% of the total amount of merchandise coupons to Seoul Guarantee Insurance, a payment-guaranteed institution, as security, and issued merchandise coupons with a guaranty insurance policy.

3 The general distribution channels of merchandise coupons are, when the plaintiff issued merchandise coupons of KRW 5,00 per face value and sold in KRW 4,805 or KRW 4,810 per head to the same agency as the defendant, each agency shall supply merchandise coupons to the game room, etc., and the game software establishment shall provide merchandise coupons as premiums according to the users' game results, and users shall use merchandise coupons at stores such as theaters, book stores, food service companies, etc., and shall be recovered to the plaintiff through the above franchise store.

However, actual game users exchanged gift certificates offered as free gifts at money exchange stations.

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