beta
(영문) 서울중앙지방법원 2018.06.25 2017가단5237622

증서진부확인의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion asserts that the application for membership in a bank, credit card holder, and credit card member (hereinafter referred to as "application for membership in this case") prepared under the name of the plaintiff on April 11, 1994 was forged, and that it was not duly formed by the plaintiff's intent.

2. Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed, as a result, the parties cannot dispute whether a document verifying legal relations is authentic or not, and as a result, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order for a lawsuit to verify the authenticity of a deed to be lawful, there is a benefit to seek confirmation of the authenticity of the document.

(see, e.g., Supreme Court Decision 2005Da29290, Jun. 14, 2007). In a case where a lawsuit is already instituted over a legal relationship to be proved by a document, the dispute can be resolved in that lawsuit, and thus, the filing of a lawsuit seeking confirmation of whether the document is authentic does not have the benefit of confirmation, barring special circumstances.

(See Supreme Court Decision 2009Da3494 Decided November 13, 2014 (see, e.g., Supreme Court Decision 2009Da529377, Nov. 13, 201). In full view of the overall purport of pleadings in the evidence evidence Nos. 5, 6, and 1 through 3, Defendant Korea Asset Management Corporation rendered a judgment to acknowledge the Plaintiff’s obligation arising from the use of credit card issued by the instant application for the instant membership in the case involving acquisition money by transfer from the Gwangju District Court 2002Gapo2907, which was brought against the Plaintiff based on the instant application for membership. Around that time, the said judgment became final and conclusive, Defendant Korea Asset Management Corporation filed a lawsuit for the claim for acquisition of credit amount against the Plaintiff, and Defendant