손해배상(기)등
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The defendant was charged with summary order of a fine of KRW 5 million on November 13, 2006 with criminal facts (only the part related to this case; hereinafter the "criminal facts in this case") of the following contents, etc., and was charged with summary order of the Daegu District Court Decision 2006Da44593, fraud by using computers, etc., fraud by using computers, etc., and theft. The above summary order became final and conclusive on December 2006.
① The Defendant did not obtain the Plaintiff’s consent or consent to the issuance of a credit card, and even when using a credit card, did not have the intent or ability to make a payment, and was in possession of the credit card with the Plaintiff’s name copied from the victim C Co., Ltd.
② On July 10, 2002, the Defendant: (a) purchased the Plaintiff’s goods worth KRW 5 million; (b) took place as if the Plaintiff were the Plaintiff; (c) obtained the goods equivalent to KRW 5 million from “D” from the victim’s “D; and (d) obtained the goods from “D, E, F, and G” on five occasions during the period of July 8, 2003; and (c) obtained and acquired the goods worth KRW 8 million in total from “D, E, F, and G.”
③ On October 28, 2002, the Defendant: (a) posted the Plaintiff’s name C in the cash payment season; (b) withdrawn and stolen KRW 500,000 in cash owned by the “H association” of the victim; and (c) withdrawn and stolen the amount of KRW 6,50,000,000 from that time to August 11, 2003 as the victim’s “H association, I Bank, J Bank, or K Association.”
[Ground for Recognition: Facts without dispute, entry of Gap1-4 evidence, entry of Eul evidence 2, purport of whole pleadings]
2. The party's assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserted that since the defendant was issued with a credit card in the name of the plaintiff and the plaintiff suffered damages due to the plaintiff's use of the credit card in the name of the plaintiff, the defendant is liable to pay damages of 14.55 million won (8.5 million won + 6.5 million won, and damages for delay.