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(영문) 서울서부지방법원 2016.05.17 2015가단38005
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. The Plaintiff’s name entered into a credit card transaction agreement with a credit card company, and the credit card was issued and used. The credit card use amount was overdue. On September 26, 2003, the foreign exchange card company transferred the above card use amount to the promotion mutual savings bank company (hereinafter “the instant bonds”).

B. The promotion mutual savings bank filed a lawsuit against the Plaintiff seeking the payment of the instant claim under Seoul Eastern District Court 2008Gaso7295, and on August 6, 2008, a judgment accepting the said claim was rendered and finalized around that time.

C. On June 15, 201, Co., Ltd. received the instant claim from a promotion mutual savings bank, which became final and conclusive on July 6, 2012 due to the failure of the Plaintiff to file an objection within 14 days by the Seoul Western District Court Decision 2012 tea and 29314, the Seoul Western District Court ordered Co., Ltd. to pay for KRW 12,456,113 and damages for delay for KRW 3,687,707 among them. The foregoing payment order was served on the Plaintiff on July 21, 2012, and the Plaintiff did not file an objection within 14 days.

(hereinafter “instant payment order”). D.

On November 12, 2014, the Defendant received the instant claim from Coin New Loan Co., Ltd., and was issued an execution clause succeeding to the instant payment order on November 10, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers, if any), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that Nonparty B was issued a credit card by stealing the Plaintiff’s name, and thus, the Plaintiff is not liable for reimbursement, and even if the Plaintiff’s obligation is recognized, the five-year extinctive prescription expired.

B. The promotional mutual savings bank’s claim for fraudulent use under the name of one judgment is against the Plaintiff.

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