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(영문) 서울중앙지방법원 2015.01.30 2014나36497

위자료

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. On January 6, 1995, the Plaintiff’s Claimant borrowed KRW 10,00,000 from Defendant New Bank Co., Ltd. (the name before the merger: hereinafter “Defendant New Bank”); on or before March 3, 1998, Defendant New Card Co., Ltd. (hereinafter “Defendant New Card”) obtained a credit card and used the credit card amounting to KRW 2,70,000,00. The Plaintiff, a mother of the Claimant, jointly and severally guaranteed the above loan and the credit card loan.

However, on June 30, 2001, the Defendants transferred the above loan claims and card loan claims against the Plaintiff to a limited-liability company specializing in the Chybanm Business and the Primary Asset-backed Securitization (hereinafter “non-party company”) and did not reflect them in the bank and card company’s computer. Accordingly, the designated parties applied for the issuance of the credit card by the Nong Bank Co., Ltd. through the Nong Bank Co., Ltd. (hereinafter “CF”), but refused to issue the credit card, and the Plaintiff was forced to pay medical expenses in cash when receiving treatment due to stroke, and the Plaintiff was suffering from mental distress while complying with this.

Therefore, the defendants, who caused the designated parties to refuse to issue a credit card from the agricultural cooperatives due to the illegal act of neglecting information management in financial transactions, are obligated to pay the money stated in the purport of the claim as consolation money for mental suffering to each of the plaintiff and the designated parties.

2. The fact that the Defendants transferred each of the claims against the Plaintiff to the Nonparty Company is without dispute between the parties, and it is recognized that the appointed party refused to issue the credit card from the Nonghyup pursuant to the entry of the evidence No. 13.

However, even if the evidence submitted by the Plaintiff was added to the above facts, the reasons for refusing to issue credit cards to the designated parties did not reflect the transferred claims in the computer.