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(영문) 서울남부지방법원 2019.04.16 2018가단215163
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,951,026 and the interest rate of KRW 15% per annum from May 3, 2018 to the date of complete payment.

Reasons

1. Determination as to the claim for indemnity

A. The Defendant demanded that the Plaintiff lend a credit card to the Plaintiff at the end of 2013. Around that time, the Plaintiff borrowed two copies of the credit card (C Bank and D Bank issuance card; hereinafter “instant credit card”) to the Defendant.

A) Around that time, the Defendant had used the instant credit card and settled the card price using the instant credit card. 2) The Defendant did not pay the card price used from January 2018.

The Plaintiff, from January 2018 to December 2018, applied for the suspension of the use of a credit card on or around January 19, 2018, but the card price was continuously claimed due to the previous installment transaction or credit card loan.

The card price was 17,951,026 won.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7, 15, 16, 18 through 26, the purport of the whole pleadings

B. According to the above facts of determination, the defendant should pay to the plaintiff the card price of KRW 17,951,026 and the delay damages.

Accordingly, the defendant asserts that the above card price of KRW 17,951,026 should be deducted from the plaintiff's medical expenses of KRW 4,907,180, and the plaintiff's insurance premium of KRW 1,082,084.

The result of the fact-finding inquiry of this Court is insufficient to recognize that the medical expenses used by the plaintiff or the insurance premiums of the plaintiff are included in 17,951,026 won, only with the result of the fact-finding inquiry of this Court (E rehabilitation medical clinic, F hospital, G hospital) and there is no other evidence to acknowledge it.

The defendant's argument cannot be accepted.

2. According to the purport of Gap evidence No. 8, 9, and Eul evidence No. 3 as to the loan claim and the whole pleadings, the plaintiff may recognize the fact that the plaintiff lent KRW 3,000,000 to the defendant around December 2016, and KRW 3,000,000 on February 16, 2017.

Therefore, the defendant should pay to the plaintiff 6,000,000 won and damages for delay.

3. Conclusion: 23,951,026 won = 17,951,026 won loaned to the Plaintiff.

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