손해배상(기)
1. Defendant B’s KRW 300,000 as well as its annual rate from June 5, 2015 to December 9, 2015, and the next day.
1. Basic facts
A. Defendant B entered into a cosmetics sales consignment agreement with Defendant Korea Co., Ltd. or cosmetics (hereinafter “Defendant Co., Ltd.”) and is paid the following commission fees after selling the cosmetics of Defendant Co., Ltd., and the Plaintiff is a member of Defendant B, who purchased the cosmetics of Defendant Co., Ltd from Defendant B.
B. Around July 2014, Defendant B sold the cosmetic B B-C picture of Defendant Company to the Plaintiff, and settled the cosmetic price by delivering the credit card number and validity period of the slot Card from the Plaintiff.
C. Defendant B, by organizing his pocket book at the end of 2014, read the Plaintiff’s credit card number and validity as the same student C’s credit card number.
From January 2015 to March 2015, Defendant B settled the total of KRW 900,000 per month by using the Plaintiff’s credit card recorded in the pocket book to settle C’s sales proceeds of cosmetics between January 2015 and March 2015.
On May 2015, the Plaintiff, knowing that the cosmetic price of the Defendant Company was settled with his own credit card, filed a complaint with Defendant B and Defendant Company. Accordingly, Defendant B knew that the cosmetic price was settled by mistake by the Plaintiff’s credit card, and attempted to recover the Plaintiff and return the credit card price.
However, on May 8, 2015, the Plaintiff demanded compensation for mental damage to Defendant B, and Defendant B deposited KRW 90,000,000,000 in total of credit card payment as the principal deposit amount under the Chuncheon District Court Gangnam Branch Branch Office No. 2015, May 8, 2015.
E. On May 22, 2015, the Plaintiff reserved an objection and received the said deposit.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 9, Eul evidence 1 to 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that Defendant B knew of the Plaintiff’s credit card number, thereby unfairly settling the said credit card without the Plaintiff’s permission.