(영문) 대구지방법원 2019.10.16 2019가단108265

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(영문) 대구지방법원 2019.10.16 2019가단108265

기타(금전)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On April 11, 2018, the Plaintiff asserted that the Plaintiff purchased the sales tickets owned by the members of the regional housing association C (hereinafter “instant association”) and can be seen as profits from the sale of them. On the other hand, on the other hand, the Plaintiff entered into three membership agreements with the instant association under the name of another person, and paid KRW 81 million per membership fee, including KRW 10 million per unit and KRW 17 million per unit of the premium (hereinafter “damage amount”).

However, at the time, the instant association could not resell the right of sale at the stage when the association was established, and there were many victims as well as the Plaintiff. On September 27, 2018, the Defendant, the president of the instant association, prepared a letter of payment for termination of the contract for the members of the instant association, which was punished by a mistake in sales D, to the Plaintiff on September 27, 2018, and agreed to pay KRW 10 million out of the amount of damages in the instant case until October 30, 2018, and the remainder by November 30, 2018.

Therefore, the defendant is obligated to pay the remaining amount of KRW 61 million, excluding the amount of KRW 20 million already paid to the plaintiff.

B. The defendant's assertion that the association of this case is the president of the association of this case, and the association of this case prepared a letter of performance of this case to return the amount of damage of this case, and it does not mean that the defendant has to return it.

2. According to the statement in Gap evidence No. 10-1, the main body of the decision to return the amount of damage of this case is either the association of this case or the defendant's personal identity, health care unit, and the defendant's personal identity, the letter of execution of this case states that the amount of KRW 10 million shall be refunded and all the remaining deposited money shall be returned. The following is stated as the "I: the principal of the association: the representative of the association, E, F, and the representative of the sales agency," and there is a signature or seal on the "B, E, and F."

유사 판례

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