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(영문) 대구지방법원 2019.04.24 2018나310352
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,675,00 as well as its full payment from April 15, 2017.

Reasons

1. Determination on the loan amounting to three million won

A. The Plaintiff accepted the Plaintiff’s request to lend the Plaintiff’s card in order to purchase cosmetics from the Defendant. The Defendant, on November 28, 2014, settled KRW 3 million using the Plaintiff’s modern card, can be acknowledged by the lack of dispute between the parties or by the entry of the evidence No. A2.

According to the above facts of recognition, the defendant is obligated to pay the loan of 3 million won and delay damages to the plaintiff.

B. The Defendant’s assertion 1) The Defendant, the Plaintiff, and C engaged in the business of exporting and selling multi-level D cosmetics to China, and the Defendant received a card number from its members and paid the cosmetic price. around November 2014, the Defendant paid the cosmetic price with C’s card and was waiting for response from C as the balance of the card was insufficient. During that period, the Defendant made telephone calls with the Plaintiff, told the Plaintiff, and was given consent from the Plaintiff that it would be adequate for the Plaintiff to pay C’s cosmetic’s cosmetic price with the Plaintiff’s card. In addition, the Defendant also stated the above circumstances to C, and paid C KRW 3 million with the Plaintiff’s card. Accordingly, the judgment of the above KRW 3 million was not made by the Defendant, but with the evidence submitted by the Defendant that the Defendant was unable to accept the Defendant’s use of the cosmetic’s cosmetic price as the Plaintiff’s cosmetic’s payment.

Rather, the witness C made a statement to the effect that it would be known to the effect that the Plaintiff’s card was settled in this court.

2. Determination on the claim for a loan of KRW 675,00

A. Upon receiving the Defendant’s request, the Plaintiff loaned the said money to the Defendant by means of remitting KRW 675,00 to the account designated by the Defendant.

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