1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion and judgment made around September 2008, the plaintiff lent the plaintiff's national card to the defendant in the "C" store operated by the defendant to use the plaintiff's name. The defendant used the above national card from November 2008 to December 2009 in an amount equivalent to KRW 28,487,513 and did not pay KRW 17,143,673 out of the card price. Thus, the plaintiff is obligated to pay the above unpaid card price and late payment damages to the plaintiff.

The argument is asserted.

The judgment of the first instance, in the absence of clear evidence to support the plaintiff's above assertion, was conducted through the public notice service of the copy of the complaint of this case and subsequently accepted the plaintiff's claim in whole. Thus, it is insufficient to recognize the fact that the defendant used the above national card or the plaintiff lent the above national card to the defendant, and the defendant agreed to pay the relevant card price, and there is no other evidence to acknowledge it (as to the motor vehicle under the defendant's name, the plaintiff concluded the comprehensive motor vehicle insurance contract).

on the ground that there was an agreement by the Defendant to pay the above card price

It can not be readily determined, and there is no obvious material that is related to the payment details of the above national card and the defendant's card use. Therefore, the plaintiff's assertion is without merit.

2. If so, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted, 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.