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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
The Plaintiff asserted as to the claim for payment of cosmetics from November 22, 2011 to March 4, 2016, the Plaintiff sold cosmetics to the Defendant. The Defendant did not pay KRW 1,488,800 for cosmetics from November 22, 2011 to May 8, 2014 and KRW 6,076,10 for cosmetics from May 9, 201 to March 4, 2016.
Therefore, the Defendant is obligated to pay the Plaintiff the sum of 7,564,900 won (=1,488,800 won) and damages for delay (6,076,100 won).
Judgment
The Defendant, from the Plaintiff, 229,00 won (i.e., KRW 12,00 on May 31, 2012; KRW 32,00 on June 15, 2014; KRW 14,000 on July 14, 2014; KRW 18,000 on September 2, 2014; KRW 75,000 on November 2, 2014; KRW 14,000 on April 14, 2015; KRW 14,000 on May 20, 2015; KRW 32,000 on July 32, 2015; KRW 18,000 on August 38, 2015; and barring any special circumstance, the Defendant is obligated to pay damages for delay to the Plaintiff, barring any dispute between the parties.
(A) The Plaintiff asserted that he/she sold cosmetics equivalent to KRW 7,564,90 to the Defendant. However, the Plaintiff’s written evidence Nos. 1 and 2 submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff sold cosmetics to the Defendant in excess of KRW 229,00 from November 22, 2011 to March 4, 2016, and there is no other evidence to prove otherwise). The Plaintiff asserted the portion of the Plaintiff’s credit card payment and loan claim in the name of the Plaintiff, from April 2, 2013 to March 2015, the Plaintiff used the credit card in the name of the Defendant, from January 2, 2013 to September 11, 2015. The Defendant repaid only KRW 5,728,140 to the Defendant, from January 2, 2013 to September 11, 2015.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 2,177,460 (i.e., the above KRW 6,319,320, supra 5,728,140 - the above KRW 9,870,00).
Judgment
However, the evidence submitted by the Plaintiff is alone.