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(영문) 서울서부지방법원 2016.01.28 2015가단17213
약정금 반환
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 Plaintiff was in de facto marital relationship with the Defendant.

B. On October 29, 2003, the Plaintiff filed a complaint against the Defendant on charges of fraud, fabrication of private documents, display of a falsified document, etc. on the ground that the Defendant issued and used a credit card under the Plaintiff’s name without the Plaintiff’s consent, and rendered a decision of suspension of prosecution against the Defendant on October 29, 2003.

C. On October 20, 2010, the Plaintiff was granted immunity from the Seoul Central District Court (Seoul Central District Court Decision 2010Hadan1474, 2010Ma1474, 2010, 1474) and the said decision became final and conclusive on November 16, 2010.

As indicated in the paragraph, the Defendant was exempted from the Defendant’s liability for the use of the credit card under the Plaintiff’s name, and the Plaintiff did not submit evidence that the Plaintiff paid the credit card payment to the credit card issuing company prior to the aforementioned immunity.

On the other hand, the defendant is urged to pay the debt (such as principal, KRW 10,217,651, interest, etc.) of the credit card (credit card) issued in the name of the plaintiff as a guarantor.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 3 through 5, entry of Eul evidence No. 3, the purport of the whole pleadings】

2. Determination:

A. The plaintiff's assertion 1) The plaintiff's assertion 1) ① around 2001, the defendant stolen the plaintiff's seal and resident registration certificate and used 38,000,000 won through cash services, etc.

③ The Plaintiff is granted a credit card to grant immunity.

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