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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff borrowed a total of KRW 74,000,000 from November 2003 to September 2004 on four occasions as business funds (hereinafter “the first loan”) to the Defendant, who carries out wholesale and retail business, such as Mocam, etc., and received reimbursement of KRW 49,00,000 in total from May 2005 to June 2006 on three occasions.
B. When the Defendant was declared bankrupt in 2007 and was unable to operate its business in its own name, the Defendant registered its business in the name of “C” with the name of “C,” around April 7, 2008, and opened an account under the Plaintiff’s name and opened an account in the name of the Plaintiff and operated the wholesale and retail business for clothing, such as hair. The Plaintiff lent KRW 179,67,546 in total to the Defendant 13 times from March 5, 2007 to May 14, 2010.
(hereinafter referred to as “the second loan”). C.
In addition, the Defendant used the credit card under the Plaintiff’s name in order to receive income deduction in relation to “C” in early 2008, and thus, if the Plaintiff borrowed the credit card under the Plaintiff’s name, the Defendant would use it as the business fund, and the Defendant would pay the amount. Accordingly, at that time, the Plaintiff issued the Defendant a total of four credit cards, including the Plaintiff’s national card, new card, modern card, and Samsung Card.
The Defendant, with the credit card issued under the name of the Plaintiff from August 14, 2008 to December 7, 2009, withdrawn the total of KRW 20,840,000 from around 19 times to the cash service, etc. for stock investment funds. From October 6, 2008 to February 7, 201, used the total of KRW 51,541,451 in credit card member stores, etc. from October 6, 2008 to February 7, 201, and the Defendant, who did not pay each credit card use fee, made payment on behalf of the Plaintiff.
Around March 2015, the Plaintiff filed a criminal complaint against the Defendant, and the Defendant, even though there was no intent or ability to repay, deceiving the Plaintiff, thereby deceiving the Plaintiff and deceiving the Plaintiff, KRW 179,677,546.