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The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim against the defendant is dismissed.
2...
Reasons
1. The party's assertion
A. The Plaintiff’s assertion 1) Joint Defendant C in the first instance trial, the Plaintiff’s claim for damages, which is the Plaintiff’s claim, (a)
(2) The Defendant: (a) the Plaintiff should create a deposit passbook; and (b) the Plaintiff got the Plaintiff from the bank; and (c) obtained the credit card under the Plaintiff’s name and obtained the cash service; and (d) thereby causing damages equivalent to the above amount to the Plaintiff. The Defendant prepared an application for the issuance of a credit card under the Plaintiff’s name and received the credit card and used it. Therefore, the Defendant is jointly with C and the Plaintiff as a compensation for damages, and the Defendant is obliged to pay the Plaintiff the amount of KRW 200,173,764 as compensation for damages. (b) If the Plaintiff and the Defendant leased the Plaintiff’s house owned by the Plaintiff, they would purchase a larger house, and the Plaintiff and the Defendant lent KRW 70,00,000 to C and the Defendant.
Therefore, the defendant is jointly and severally liable to pay to the plaintiff KRW 70,000,000 and damages for delay.
B. The Defendant’s credit card payments and loan loans claimed by the Plaintiff are used by the Plaintiff and the Plaintiff’s children, and are irrelevant to the Defendant.
C upon C’s request, the Plaintiff prepared an application for the issuance of a credit card with the Plaintiff and the Plaintiff, and the credit card delivered to the Plaintiff was sent to C. Since C used the Defendant’s name bank account while operating a singing store in the name of the Plaintiff or the Defendant, the Defendant was unaware of the amount claimed by the Plaintiff.
While the Defendant is in a divorce lawsuit with C, and C did not receive a written complaint, etc. in the process of the first instance trial and notify the Defendant, it became known that the instant lawsuit was instituted after the pronouncement of the first instance judgment.
2. Determination as to the cause of action
A. As to the assertion of damages, the existence of a harmful act by intention or negligence in a tort and its resulting result.