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(영문) 서울서부지방법원 2015.07.10 2014가단34044
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Defendant C asserts that the lawsuit seeking the refund of the purchase price is not a party to a sales contract asserted by the Plaintiff, and that the lawsuit is not a party to the lawsuit.

However, where the plaintiff filed a lawsuit by asserting that the above defendant is a party to a sales contract, the issue of whether the above defendant is a party to the sales contract is a party to the sales contract, and the above defendant is not a party to the sales contract, and thus, it cannot be deemed that the above defendant has no standing

2. Judgment on the merits

A. On June 11, 2014, the Plaintiff entered into a contract with the Defendants to purchase the Internet homepage for overseas direct purchase of “D” at KRW 28,000,000, and paid the down payment of KRW 2,700,000 following the following day, and the remainder of KRW 25,30,000 on June 17, 2014.

(C) In fact that there is no dispute, Gap 1-1, 2, Gap 3, and 5, the purport of the whole pleadings, and the purport of the whole pleadings). The defendant C asserts that he only lent the name of the head of the Tong to the defendant B, who is the wife, and that he did not participate in the operation of the website or concluded

However, according to each of the above evidence, the above defendant received the down payment to his own account, the fact that the above defendant was also the above defendant at the time of preparing a sales contract on June 17, 2014 and receiving any balance, and the fact that the above defendant prepared a receipt for the balance and issued it is recognized. In full view of this, the above defendant should also be deemed the party to the sales contract on the website

B. The Plaintiff’s assertion asserts that the Plaintiff concluded a sales contract on the website with the Defendants’ deception as follows.

① The D website is a site that vicariously purchases the original form through a company of the United Kingdom called Shase disease, and the procedure and method of purchasing Shase disease had already been disclosed to the general public through the Internet blogs, etc. at the time.

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