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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
On January 24, 2011, the plaintiff alleged that the defendant lent one of the new cards and Samsung Card under the name of the plaintiff, and the plaintiff paid 3,000,000 won of the credit card use in arrears before the plaintiff's previous payment, and the above credit card was used until August 13, 201.
(hereinafter “New Card” and “Masung Card” mean the credit card in the name of the Plaintiff borrowed by the Defendant as above) Nevertheless, given that KRW 14,298,250, which occurred from January 24, 201 to August 13, 2011, was not repaid to the credit card company, the Plaintiff is obligated to pay the amount equivalent to the use price of the credit card and the damages for delay.
Judgment
According to Gap's statement Nos. 1, 3, 4, 7, 8, 10 through 15 (including a serial number), the result of an order to submit financial transaction information to a new card company (hereinafter "new card company"), the result of an order to submit financial transaction information to Samsung Card Co., Ltd. (hereinafter "new card company"), the result of an order to submit financial transaction information to Samsung Card Co., Ltd. (hereinafter "third card company") (as of April 14, 2015), and the whole purport of pleadings, the defendant used a new card under the name of the plaintiff from January 24, 201 to August 13, 201, and one Samsung Card Co., Ltd. (including a serial number), and the amount equivalent to KRW 3,000,000,000 for each credit card company (hereinafter "new card company"), and the defendant can be sentenced to imprisonment with labor for the above period of 20,000 won, KRW 2636,297,2965,275,267,2000.
Meanwhile, the fact that the Defendant deposited KRW 3,000,000 in arrears out of the Plaintiff’s credit card use amount incurred prior to January 24, 201 to the above credit card company is also the Plaintiff.