(영문) 대전지방법원 2018.04.13 2017나109630

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(영문) 대전지방법원 2018.04.13 2017나109630

대여금 반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant used the Plaintiff’s credit card from November 2009 to June 201, 201, and did not pay the card amounting to KRW 9,483,560.

Therefore, the defendant should pay to the plaintiff the remaining card payment of KRW 5,800,000,000, which is part of the above card price used by the defendant, excluding the remaining card payment of KRW 200,000,000, which is already paid by the defendant.

B. The Defendant’s summary of the Defendant’s assertion is limited to KRW 100,000, which was used as food costs on or around October 2009 only once for the Defendant’s lending of credit cards from the Plaintiff, and the said card price was paid to the Plaintiff thereafter.

Therefore, the defendant does not have a duty to pay the card price to the plaintiff as alleged above.

2. According to the statement in Gap evidence No. 1, the plaintiff sent to the defendant a letter demanding payment of KRW 6,00,000 on February 5, 2016, the defendant respondeded to the defendant that "I will see that I will see that I will do not go through the next month and we will go to go to the next month." On March 8, 2016, the plaintiff sent the statement to the defendant that "I will pay 6,00,000 won to the defendant," and there is no interest after paying the card principal from December 201 to March 8, 2016. The plaintiff sent the card data to the defendant on a low time, and the fact that I urged the payment of the above money more than several occasions thereafter."

The following circumstances revealed in the above facts, namely, ① even though the Plaintiff urged the Defendant to pay KRW 6,00,000 to the Defendant, the Defendant does not dispute the existence or amount of the claim, but rather mentions the interest portion and pays the amount. ② The Defendant asserts that the amount remitted to the Plaintiff with the Ethical value, etc. from October 6, 2009 to May 16, 201, was KRW 8,598,700, while the said money was transferred to the Plaintiff with the Ethical value. However, the said money was merely the details of the entry and withdrawal submitted by the Defendant.

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