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(영문) 인천지방법원 2017.02.15 2016나15785
신용카드이용대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 9, 2012, the Plaintiff paid an amount equivalent to KRW 2,160,000 for weight control D 2,160,000 at the franchise store called “C” with his own one card.

B. The Plaintiff ordered D purchased as above to the Defendant.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. The gist of the parties' arguments argues that "The plaintiff purchased weight control food that E operated in order to take back E as team members while he worked as a warden of the school life in 2012, the defendant would pay to the plaintiff the plaintiff the balance of the body control food as the discharge of the body control credit card payment. The defendant paid the body control food with the plaintiff's credit card. Therefore, the defendant is obliged to pay the plaintiff KRW 2,160,000."

In this regard, the defendant asserts that "no one has requested the plaintiff to lend a credit card or to pay by credit card instead of a credit card, and the plaintiff has sold the physical adjustment food to the defendant in order to join the defendant as his team members."

B. On the other hand, the evidence presented by the Plaintiff alone is insufficient to acknowledge that the Defendant requested the Plaintiff to pay the price of the physical adjustment food instead of the credit card, or agreed to pay the price of the credit card, and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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