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(영문) 울산지방법원 2018.09.07 2018가단50651
구상금
Text

1. The Defendant amounting to KRW 31.8 million to the Plaintiff and the Plaintiff’s annual rate of 5% from April 10, 2018 to September 7, 2018.

Reasons

1. As of June 2016, the Defendant asserted that the card price of KRW 96,637,164 was generated by using six credit cards borrowed from the Plaintiff.

Since the plaintiff paid the above price in full, the defendant is obligated to pay the above price of KRW 96,637,164 to the plaintiff.

Even if all of the above payments are not recognized, the defendant's obligation to pay KRW 31.8 million, which the defendant promised, should be recognized.

2. Determination:

A. The evidence submitted by the Plaintiff alone is insufficient to recognize that the obligation to pay 96,637,164 won for the use of credit card in the Plaintiff’s name exists to the Defendant, and there is no other evidence to acknowledge this otherwise.

B. According to Gap evidence Nos. 2-1 through 5, the defendant paid to the plaintiff KRW 10 million on September 20, 2015, KRW 4.2 million on October 3, 2015, KRW 5 million on October 18, 2015, and KRW 10 million on November 2, 2016, and the defendant paid KRW 2.6 million on October 2, 2015. Thus, the defendant is liable to pay the plaintiff a total of KRW 31.8 million on each of the above funds to the plaintiff.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 31,80,000 won and the amount equivalent to 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, which is deemed reasonable to dispute about the existence and scope of the obligation from April 10, 2018, the following day of the delivery of a duplicate of the instant complaint.

3. The plaintiff's claim for the conclusion is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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