신용카드이용대금
1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
1. The following facts may be acknowledged in accordance with the respective entries in the document attached to the petition of appeal and the purport of the entire pleadings, either under dispute between the parties or under dispute between the parties:
The plaintiff is the defendant's South-win.
B. The Defendant used credit cards in the Plaintiff’s name with the Plaintiff’s permission from February 2013 to August 2015, but did not pay part of the card price.
C. On behalf of the Defendant, the Plaintiff paid KRW 4,156,913 in total of KRW 1,522,851, and KRW 2,634,062, around February 24, 2016, on behalf of the Defendant, the Plaintiff paid the said card price in full.
2. The plaintiff asserts that the plaintiff is liable to pay the above card price and damages for delay on behalf of the defendant, since the plaintiff paid the card price of 4,332,478 won to the cards on behalf of the defendant.
According to the above facts, the Defendant’s use of a credit card on behalf of the Defendant, and the fact that the Plaintiff paid the card amount of KRW 4,156,913, around September 23, 2015 on behalf of the Defendant, around February 24, 2016. However, there is no evidence to acknowledge that the Plaintiff paid the card amount of KRW 4,332,478, which is claimed by the Plaintiff in excess of the said amount.
Therefore, the defendant is obligated to pay to the plaintiff KRW 4,156,913 and damages for delay.
3. The defendant's assertion as to the defense is that the defendant paid the card price to the plaintiff as set forth below, or claims against the plaintiff are set off against the plaintiff's claim on an equal amount. Thus, the defendant's assertion is concerned.
A. According to the overall purport of each of the statements and arguments and 2,4,5 (including a serial number) loans to the Plaintiff by the original Defendant’s mother against the Plaintiff, the Plaintiff would appear to pay the lease deposit by lending KRW 2,00,000 to the Plaintiff around August 2013, 2013.