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1. The plaintiff's main and main claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The representative C of the Plaintiff’s primary claim (affort money) promised that the Defendant would use the card in the name of the Plaintiff on the face of a week by issuing the credit card under the name of the Defendant, and pay the purchase price for the card. The Defendant agreed to pay the purchase price and the installment while operating the car in the name of the Plaintiff.
C around August 2015, purchased a passenger car in the Plaintiff’s name and delivered the vehicle to the Defendant, and the Defendant operated the said vehicle for 15 months until November 2016.
Therefore, the defendant is obliged to pay 32,061,363 won, such as the credit card use price of 35,479,242 won and the installment of the vehicle.
B. Since the credit card issued by the Plaintiff and the passenger car at Benz are used for the purpose of communal living by the Defendant and D couple, the Defendant is jointly and severally liable for payment of the credit card and the installment of the vehicle.
C. As the Defendant used the Plaintiff’s credit card under the Plaintiff’s name and operated the Plaintiff’s passenger car, the Defendant is liable to return the unjust enrichment to the Plaintiff.
2. Facts of recognition;
A. The amount used from July 20, 2015 to June 7, 2016 in the name of the Plaintiff’s KB National Card (Credit Card Number E) is KRW 35,479,242.
B. On August 31, 2015, the Plaintiff purchased a passenger car 80,353,000 won for 14,017,590 won prior to the shipment, monthly 1,51,91,910 won, on condition of 36 months’ payment. On August 31, 2015, the Plaintiff concluded a comprehensive automobile insurance contract with the FF Company for business cars (G, E350) and paid 2,290,790 won for the premium.
C. The Defendant’s husband D stolen the amount used in the semiconductor production process of approximately KRW 1.6 billion from March 25, 2014 to around April 14, 2017, when he/she was working as a DNA in the H H H 1 factory from around November 25, 2004 to around April 2014.