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(영문) 서울중앙지방법원 2018.12.20 2016가단156127
손해배상
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 12, 2008, the Defendant transferred the credit card use payment claim against the Plaintiff to C (Co., Ltd. D before the change; hereinafter “C”).

B. On February 14, 2011, C filed an application with the Plaintiff for a payment order claiming the payment of the amount to be received by transfer under the Franchi District Court 201 tea 923, and the said court issued the payment order on February 18, 2011, and the original copy was served on the Plaintiff on March 24, 2011.

C. On March 25, 2011, the Plaintiff submitted a written objection to the above payment order to the above court. Accordingly, on March 28, 2011, the above case was transferred to the ordinary litigation procedure under the above court No. 2011Gaso29793, and on October 20, 2011, it was transferred to the Seoul Central District Court (Case No. 2011Gaso2710847).

On March 29, 2012, the Seoul Central District Court sentenced C to a judgment dismissing an appeal on the grounds that “the Plaintiff shall pay C the amount of KRW 9,190,719 and the amount of KRW 6,166,90 which shall be paid at the rate of 17% per annum from February 14, 2011 to the date of full payment.” The Plaintiff dissatisfied with the judgment and filed an appeal by subsequent completion under the above court No. 2013Na2411. The above court rendered a judgment dismissing the appeal on June 18, 2013 on the grounds that “the Plaintiff’s failure to observe the period for appeal cannot be deemed due to any cause not attributable to the Plaintiff,” and the above judgment became final and conclusive thereafter.

[Reasons for Recognition] Partial disputes do not exist, or obvious facts in this court, Gap evidence No. 10, and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff forged the Defendant’s application for the subscription of the national card under the Plaintiff’s name, and, as if the Plaintiff used a credit card (credit card No. E) that was not received or used, forged the Internet banking application, thereby creating a false credit card payment claim, and thereby, C obtained a favorable judgment against the Plaintiff, thereby defamation and identity theft against the Plaintiff.

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