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Reasons
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(영문) 서울남부지방법원 2017.05.18 2016나3381
대여금
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1. Of the judgment of the first instance, the part concerning Defendant D and E shall be modified as follows.

Defendant E shall be KRW 40,000,000 and also.

Reasons

1. Facts of recognition;

A. The Plaintiff received goods from Defendant C, D, etc. and sold them in the mother factory, thereby making profits from the sale. However, 40,000,000 won was prepared using the Plaintiff’s card and repaid it with sales proceeds or investment attraction.

B. On January 20, 2014, the Plaintiff settled approximately KRW 40,000,000 in total by using a card, a national card, a watch card, a Korean base card, and a new card, as if it were to purchase goods at a master brand store for Defendant E’s operation.

C. Around January 23, 2014, the Plaintiff returned KRW 20,000,000 from the Defendant’s side, but immediately thereafter remitted the said money to Defendant E.

However, the Plaintiff received a letter of payment from Defendant C to pay KRW 20,000,000 out of the card price by the last day of February on February 13, 2014.

E. Meanwhile, on February 13, 2014, Defendant D also prepared a written statement of payment that the Plaintiff will pay KRW 12,000,000 to the Plaintiff with the goods and to repay KRW 8,000,000 by the end of February. On March 12, 2014, Defendant D again drafted a written statement of confirmation that Defendant D would be liable for and repaid KRW 20,000,000 of the card price that the Plaintiff settled upon the direct receipt of the clothing, etc. purchased from the mutual clothing company.

[Ground for recognition] Defendant E: The fact that there is no dispute, Gap evidence Nos. 1 through 9, and the purport of the whole pleadings, as a whole, that confession is made (Article 150(3) and (1) of the Civil Procedure Act)

2. The Plaintiff asserted that, although the Defendants did not have the intent or ability to repay, the amount equivalent to KRW 40,00,000 by using the credit card at the store operated by Defendant E, the Plaintiff deceivings the Plaintiff to settle the amount of KRW 40,000 by using the credit card, and then by deceiving the amount of the credit card user fee by means of not repaying it, the Plaintiff shall return it as unjust enrichment. Defendant E

Therefore, Defendant E shall be KRW 40,000,000 and this shall apply to the Plaintiff.

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