Litigation costs shall be borne by the plaintiff.

Nevertheless, the Defendant forged the relevant documents as if the Plaintiff applied for the re-issuance of the credit card and used the credit card number D with the issuance of the credit card number, and then, there is a claim for the use price based on the said credit card.

On December 12, 2008, E entered into a contract with the above credit card payment claim, and caused E to file a lawsuit against the plaintiff for acquisition of the credit card payment claim.

Therefore, the plaintiff suffered mental suffering due to the fraudulent use of the name and damage of honor, etc., the defendant is obligated to pay the plaintiff compensation for mental damage amounting to KRW 37,000,000 and the delayed damage amount.

Judgment

According to the overall purport of the evidence Nos. 1 through 4 (including branch numbers) and the overall purport of the theory, the Plaintiff filed a lawsuit seeking compensation against the Defendant by constituting the same factual basis and legal interest as that of the claim in the instant case, and subsequently dismissed the Plaintiff’s claim on the ground that the Defendant’s tort liability cannot be acknowledged (Seoul Central District Court Decisions 2016GaDa130651 decided Nov. 14, 2019; 2015Da190663 decided Jun. 1, 2016 (Seoul Central District Court Decision 2016Na34600 decided Apr. 14, 2017)). Upon being sentenced to a judgment, the judgment becomes final and conclusive before the closure of the pleadings in the instant case.

As such, the res judicata effect of the final and conclusive judgment of the previous lawsuit that denied the Defendant’s tort liability against the Plaintiff is also limited to the causes of the Plaintiff’s claim in this case, the court held the Defendant’s tort liability.