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(영문) 인천지방법원부천지원 2011.01.27 2009가합8184
상품권대금등
Text

1. The plaintiff's claim is dismissed.

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

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) In principle, when the Plaintiff issued gift certificates of KRW 4,805 or KRW 4,810 per unit with the Defendant’s agent, and sold gift certificates of KRW 4,805 or KRW 4,810 per unit with a face value of KRW 5,00, each agency shall supply gift certificates to the game room, etc., and in the game room, merchandise coupons shall be offered as gift certificates in the game room, and users shall use merchandise coupons at stores such as theaters, book stores, and food service companies, and shall be recovered to the Plaintiff through the above franchise store.

However, the actual game room users illegally exchanged merchandise coupons provided as free gifts at the money exchange station, and in the money exchange station, again sell merchandise coupons to the agency, and in the agency, the agent again returned the merchandise coupons (or merchandise coupons) to the Plaintiff at KRW 4,750 per head of the 4,810 won, and in fact, the Plaintiff traded merchandise coupons in the manner of receiving fees of KRW 55 won per head of the 5,810 or KRW 60 per head.

(2) When the Plaintiff sells merchandise coupons to an agency, he/she shall enter the serial number, quantity, customer, etc. of merchandise coupons in the merchandise coupon reading machine into the merchandise coupon management system and process them. When he/she receives merchandise coupons from the agency, he/she shall enter merchandise coupons in the merchandise coupon reading machine as above.

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