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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are members of “C”, a multi-level company.
B. On June 4, 2017, the Defendant received a new bank credit card under the Plaintiff’s name (hereinafter “instant credit card”) from the Plaintiff, a subordinate member of the Plaintiff, and paid the sales amount of KRW 5,128,300 in aggregate by using the said card between June 30, 2017 and June 30, the following day. Moreover, the Defendant received KRW 2,00,000 from the Plaintiff on June 5, 2017.
C. The Defendant paid KRW 300,000,000 to the Plaintiff on July 31, 2017, and KRW 500,000 on September 25, 2017 as a multi-level company’s allowance.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 6, 15, 16, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that: (a) around June 2017, the Plaintiff granted cash of KRW 2,000,000 to the Defendant; and (b) KRW 3,000,000,000 to the Defendant.
Accordingly, on June 5, 2017, the Plaintiff remitted the amount of KRW 2,00,000 to the Defendant, and leased the said amount to the Defendant, and the Defendant had the Defendant settle the sum of KRW 5,246,737 with the instant credit card from June 5, 2017 to June 30, 2017.
Nevertheless, since the Defendant did not repay the above loan to the Plaintiff, the Defendant is obligated to pay to the Plaintiff the remaining 6,446,737 won after deducting the allowances paid by the Defendant from the credit card settlement amount of KRW 5,246,737 in total from KRW 7,246,737 (i.e., KRW 2,000 in cash).
B. Defendant’s assertion 1) The Plaintiff: (a) issued the instant credit card and cash to the Defendant; and (b) asked the Defendant to purchase goods of a multi-level company; and (c) the Defendant purchased goods instead of the Plaintiff with the said money; and (d) did not borrow the said money from the Plaintiff.