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(영문) 대구지방법원경주지원 2015.10.13 2015가단1348
사취금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Defendant: (a) used the Plaintiff’s credit card by lending four copies of the Plaintiff’s credit card from the first order of December 2, 2015 to December 31, 2008; and (b) acquired it by fraud by failing to repay KRW 20,072,302.

B. On September 2006, the Defendant, even upon receiving monthly salary from the Plaintiff, did not intend to work as the Government at the Plaintiff’s house, provided that around 14:00, the Defendant would make a monthly payment of KRW 393,00 to the Plaintiff at early 14:0,00, and received KRW 393,000 from the Plaintiff, and received KRW 200,000 from the Plaintiff as the early 12:0,000, around 16:00 of the same year, and acquired KRW 693,00,000 from the Plaintiff as the early 12:0, around 12:00, around 22:00 of the same year.

C. On December 30, 2008, the Defendant: (a) on December 30, 2008, paid a loan amount of KRW 5 million to C to the Plaintiff on behalf of the Plaintiff, but did not have the intent or ability to repay the loan amount of KRW 5 million after two months; (b) on the part of the Plaintiff, the Defendant paid a loan amount of KRW 5 million to C; and (c) on the part of the Plaintiff, the Plaintiff paid a loan amount of KRW 5 million to C; and (d) by fraud, the amount of KRW 5 million was not repaid to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 25,720,302 and damages for delay.

2. Each of the statements in Gap evidence Nos. 1 through 10 (including a serial number), as alleged by the plaintiff, is solely based on the defendant's intent to defraud, as alleged by the plaintiff, and ① does not pay the card price of KRW 20,072,302 using the plaintiff's credit card, and ② was paid KRW 693,000 in sum by the plaintiff as the monthly salary of the government.

It is not enough to recognize that the plaintiff caused C to pay KRW 5 million on behalf of the defendant.

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