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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff is the husband of C, and the Defendant and his children became aware of the same play school while entering the same play school.
B. Around February 2015, in order to utilize the F card in the name of the Plaintiff used by C at a discount of 10% from E department stores, the Defendant had C pay the value of the goods purchased by the Defendant on behalf of the Plaintiff’s credit card, and the Defendant paid the price by deposit in the account of C in line with the payment date. From February 2015 to July 2016, the Defendant continued to pay the value of the goods purchased at E department stores from E department stores to E department stores by the Plaintiff’s credit card and pay the settlement price claimed by C in line with the payment date.
C. From March 1, 2015 to May 31, 2016, the Defendant asserted that C’s credit card payment claimed until May 2016 was unfilled, while remitting KRW 175,958,90 to C with the card price as above, and rejected payment of the remaining card price.
Until May 2016, the Plaintiff and C acknowledged that C received an excessive amount of KRW 22 million to the Defendant, and paid KRW 35 million to the Defendant by telephone on July 20, 2016, and the Defendant agreed to pay to the Plaintiff the amount settled after June 2016, out of the card price used by the Defendant instead of receiving KRW 35 million to the Plaintiff by telephone on July 20, 2016.
E. The Defendant filed a complaint with C on the ground that C filed a claim against the Defendant for an additional payment of the card price. C was prosecuted for the same criminal facts, but on August 11, 2020, Seoul Southern District Court rendered “The amount paid by the Defendant to C by using the Plaintiff’s credit card and paying to C as the price for the use of the Plaintiff’s credit card may be deemed to exceed KRW 145,197,30. The amount paid by the Defendant by using the Plaintiff’s credit card shall be deemed to exceed KRW 145,197,30. The amount paid by the Defendant by using the Plaintiff’s credit card ( KRW 129,44,190) exceeds KRW 110,000,000,000,000 won as stated in the charges