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(영문) 대구지방법원 2016.09.08 2016나2145
약값반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On November 17, 2014, the Plaintiff asserted that, on the grounds of the claim, the Defendant, the head of the branch office of U.S. U.S. Liber, purchased approximately KRW 1,980,00 from the Defendant, who was the head of the branch office of U.S.D., for the knee refund sold by the said company, and returned all of them, the Defendant is obligated to return the above weak value to the Plaintiff.

According to the results of the order to submit financial transaction information to Korean banks of the first instance court, Nonparty C, D, and E filed an application for purchase on November 17, 2014, and paid KRW 1,980,000 in total to U.S. C, D, and E filed an application for return of the above drugs on December 17, 2014, and the fact that the Defendant’s name is stated in the column of the branch office of the above application for return is recognized.

However, there is no evidence to prove that the plaintiff, not stated in the purchase application or the return application as the purchase applicant or the return applicant, has purchased the above drugs.

In addition, there is no evidence to prove that the defendant received the above-mentioned value because the deposit owner of the account whose weak value has been remitted is not the defendant but the U.S.A. corporation.

In addition, the purport of the application for return is to apply for return, and the defendant approves return.

No evidence exists to deem that the Defendant did not intend to return the said money, nor did it state the Defendant’s name in the return application.

Ultimately, the buyer of the instant goods can not be deemed the Plaintiff, and the seller cannot be deemed the Defendant. Therefore, the Plaintiff’s claim is without merit without any need to further examine it.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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