1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 2011, the Defendant purchased the beauty art equipment from the above company in 2,50,000 won, and entered into an agreement with the above company to pay the price using installment financing of Samsung Card Co., Ltd. The Defendant jointly and severally guaranteed the Plaintiff’s obligation to pay the installment payment.

B. As the Defendant did not pay an installment under the above agreement to Samsung Card Co., Ltd., the Samsung Card Co., Ltd. repaid KRW 973,712 to the Samsung Card Co., Ltd from September 30, 201 to March 29, 2012.

C. On July 24, 2013, Dald Co., Ltd. transferred its claim for reimbursement against the Defendant to the Defendant and notified the Defendant of the said transfer at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the above amount of acquisition and damages for delay to the plaintiff, unless there are special circumstances.

In regard to this, the defendant defenses that he paid the above installment amount to the defendant, and according to the evidence Nos. 2 and 6, the defendant can be recognized that the defendant paid KRW 1,208,708 to Samsung Card Co., Ltd. three times between February 28, 2012 and April 6, 2012. The above amount exceeds the amount of subrogated payment by the Multilater Co., Ltd. at the time, and therefore the defendant's defense is justified.

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