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Reasons
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(영문) 수원지방법원 2020.09.22 2019나8051
대여금
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Among the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 7,307.

Reasons

1. In the first instance court, the Plaintiff sought the return of the loan to the Defendant and the return of the substitute payment due to the use of the card, and the first instance court accepted the loan claim and dismissed the remainder of the claim.

In this regard, the plaintiff filed an appeal only for the return of the substitute payment due to the use of the card in the name of the plaintiff, so only this part shall be subject to the judgment of this court.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant purchased a prestigious market using the Plaintiff’s credit card, and the Plaintiff paid the prestigious market price on behalf of the Plaintiff, but the Plaintiff did not pay KRW 1,907,100, which is part of the price.

In addition, the Defendant used the credit card (one card) in the name of the Plaintiff from June 2015 to December 2015. From August 2015 to December 2015, 6,369,295 won in total from the card payment (the card back number C, card back number D) from August 2015 to December 2015, but the Plaintiff paid it on behalf of the Plaintiff but did not pay it to the Plaintiff. Thus, the Defendant sought payment.

B. Determination is based on the following facts: (a) the Defendant used one card under the Plaintiff’s name from June 4, 2015 to October 2015; (b) there is no dispute between the parties; and (c) the Defendant purchased 3,178,500 won from E store on June 4, 2015 by using the Plaintiff’s credit card; (d) the Defendant purchased 3,185,33 won from the Plaintiff’s card (the back card number C); and (e) the amount of the Plaintiff’s card price of the Plaintiff’s card (the back card number C); (e) the amount of the purchase price for the goods to be purchased from October 1, 2019, 15,507,373 won; and (e) the amount of the purchase price for the goods to be made from June 4, 2015 through September 1, 2018 to October 1, 1, 157, 2019;

It is the balance for the goods purchased in installments from June 1, 2015 to September 2015, 2015;

It is the balance of the installment for the goods purchased in installments from June 2015 to September 2015.

The fact that the plaintiff paid all of them is recognized.

Therefore, the defendant.

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