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(영문) 의정부지방법원 2015.02.11 2013가단61480
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. Around October 2010, D, the Defendant’s wife, was delegated with the Plaintiff’s modern cards, lot cards, national cards, new cards, Samsung cards and the Plaintiff’s name, cards, new cards, and exchange cards, and agreed that D will pay credit cards.

B. D received each of the above credit cards from the Plaintiffs from October 6, 2010 to November 201, 2012, used each of the said cards under the Plaintiffs’ names to operate the stores or to purchase goods necessary for the household’s living.

B. D repaid all of the credit card bills used from September 2012 to November 2012, but the card bills used from September 2012 to November 201 of the same year did not pay part of the card bills. On behalf of D, Plaintiff E paid each credit card use price of KRW 44,634,354, Plaintiff A paid each of the card use price of KRW 22,959,349.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2 through 5, and the purport of whole pleading

2. The plaintiffs' assertion

A. Since D used credit cards in the name of the plaintiffs as well as family living expenses, etc., as seen earlier, the defendant is obligated to pay D's husband's 67,593,703 (=4,634,354 Won 22,959,349,349) and damages for delay stated in the purport of the claim for reimbursement against D's son and the plaintiff, jointly and severally, pursuant to Article 832 of the Civil Act.

B. In addition, the defendant paid part of the card price used by D on behalf of D from May 9, 201 to June 7, 2011, and agreed that D would make payment of the card price after having been divorced from D around October 2012, and again having reported marriage on February 1, 2013, it is reasonable to deem that D would have approved the credit card use price for the plaintiffs. Thus, the defendant and the plaintiff jointly and severally agreed to do so.

have an obligation to pay the money stated in the subsection.

3. Determination

(a) Joint and several liability pursuant to Article 832 of the Civil Act;

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