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(영문) 서울중앙지방법원 2015.12.24 2015가단5089294

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation of Busan Savings Bank, Inc. (hereinafter “BO Savings Bank”) filed a lawsuit with the Plaintiff seeking payment of the principal and interest of loan by asserting that the Plaintiff entered into a credit transaction agreement on February 10, 2006 with the Busan Savings Bank (hereinafter “instant first instance judgment”) with the Plaintiff as the court of this case (hereinafter “instant first instance”).

B. The Defendant received a delegation of lawsuit from the Plaintiff with respect to the instant first instance case, and performed the litigation affairs.

C. On July 11, 2013, this Court rendered a favorable judgment of the Korea Deposit Insurance Corporation that the Plaintiff would pay the principal and interest of the loan to the Korea Deposit Insurance Corporation.

Upon delegation of a lawsuit from the Plaintiff, the Defendant appealed to this Court No. 2013Na349606 (hereinafter “instant appellate case”) with respect to the instant case, and the instant appellate court rendered a judgment dismissing the appeal regarding the instant appellate case on June 3, 2014.

E. Upon delegation of a lawsuit from the Plaintiff, the Defendant appealed to the Supreme Court Decision 2014Da214304 regarding the instant appellate case (hereinafter referred to as “instant final appeal case”), and to the Supreme Court Decision 2014Da214304 on February 12, 2015, when both the instant first instance case, the instant appellate case, and the instant final appeal are referred to together, the “instant loan case”). The Supreme Court rendered a judgment dismissing the final appeal regarding the instant final appeal on February 12, 2015.

[Grounds for Recognition] Unsatisfy, each entry of Gap1-2 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant omitted the plaintiff's assertion of extinctive prescription in the course of accepting the delegation of litigation as the plaintiff's legal representative with respect to the loan case of this case, and led to the confession of the authenticity of each of the above documents by misunderstanding that the documents such as the credit transaction agreement and the extension of the due date were forged.