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(영문) 부산지방법원 2016.09.28 2015나15662
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant conspired from around 2013 to February 2014.

B. On July 24, 2013, upon the Defendant’s request, the Plaintiff issued a new card (credit card number C; hereinafter “instant credit card”) under the Plaintiff’s name and gave the Defendant access to it.

C. The Defendant agreed to pay to the Plaintiff monthly the card price it used.

From July 2013 to December 2013, the Defendant paid the card price to the Plaintiff every month.

E. On February 7, 2014, the Plaintiff terminated the instant credit card, and the Defendant paid the card price (including the installment payment) used in January 2014.

F. On October 23, 2013, the Plaintiff issued KRW 5.3 million to the Defendant who sold the Plaintiff’s vehicle, and transferred KRW 1.3 million to the Defendant’s account under the name of the Defendant on February 11, 2014.

G. The Plaintiff delivered KRW 400,000 to the Defendant on October 30, 2013 under the pretext of expenses for the installation of black boxes, and KRW 1.2 million on December 31, 2013, but the Defendant did not install black boxes or water purifiers.

H. On May 30, 2014, the Plaintiff received KRW 2.5 million from the Defendant’s mother.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 7, 10, 11 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendant: (a) KRW 4,726,355 used by the Defendant to the Plaintiff; (b) KRW 2,982,911 from January 4, 2014 to January 31, 2014; and (c) KRW 6.6 million (i.e., KRW 5., KRW 5.3 million on October 23, 2013; KRW 1.3 million on February 11, 2014; (b) KRW 1.6 million on credit cards used by the Plaintiff; (c) KRW 2,982,911 from January 4, 2014 to January 31, 2014; and (d) KRW 1.65 million on credit cards used by the Plaintiff to the Defendant (i.e., KRW 5., KRW 5.665 million on credit cards; and (d) KRW 1.5 million on credit cards paid by the Defendant to the Plaintiff (i.e., KRW 4., KRW 4 million)., KRW 25636365 million.

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