(영문) 의정부지방법원 2018.04.05 2017나211697

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Reasons

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(영문) 의정부지방법원 2018.04.05 2017나211697

손해배상(기)

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1. Of the judgment of the court of first instance, the Defendant’s KRW 32,802,00 and the Plaintiff’s annual amount of KRW 6% from August 15, 2017 to April 5, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a scambling with the trade name of “C”, and the Defendant sells a film ticket to sell a film so that he/she vicariously performs a film intermediary.

B. On March 16, 2017, the Plaintiff purchased KRW 1,000,00 in total, by designating a film ticket of KRW 3,500 per page for the promotion of the above spacker. At the time of the conclusion of the contract, the Plaintiff entered into an agreement with the Defendant that “the Defendant shall be held responsible for the film media of the customers within the effective period with a film ticket supplied to the Plaintiff, shall compensate the Plaintiff for ten times per case (the standards for theater price) wherein the film media was not harmful within the effective period, and shall be held liable for all civil and criminal charges at all times” (hereinafter referred to as “instant agreement”).

C. However, on June 5, 2018, the Defendant’s representative D and business employees were indicted under the former District Court Decision 2017Da1003, 2606 (merged) and convicted on January 31, 2018, and the judgment was handed down on the charge of fraud, such as: “The 15% of the 15% of the 15% of the 15% of the 14% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 15% of the 2018.”

In the end, the film media right purchased by the Plaintiff was used in a valid period of 60,00, and the film table is now traded in a theater of 11,00 won per head.

[Reasons for Recognition] Nos. 1 through 5 (including virtual numbers), Eul evidence No. 3 and the purport of the whole pleadings, without a partial dispute or significant fact in this court

2. Determination

A. According to the above facts, the defendant's motion picture auction as a motion picture ticket supplied to the plaintiff any more.

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