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(영문) 서울중앙지방법원 2016.05.17 2015가단190649
손해배상
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 Credit Counseling and Recovery Fund Co., Ltd. (hereinafter “Credit Recovery Fund”) filed a lawsuit against the Plaintiff on the ground that it received a credit card user claim against the Plaintiff from the National Card Co., Ltd. (hereinafter “National Card”) on the ground that it received the credit card user claim against the Plaintiff (hereinafter “National Card”), and the court of the first instance rendered a judgment citing the entire claim of Credit Counseling and Recovery Fund on March 29, 2012.

B. On November 1, 2012, the Plaintiff submitted a petition of appeal following subsequent completion of the judgment in the previous case at the first instance court. Accordingly, the Plaintiff dismissed the Plaintiff’s appeal on the ground that: (a) the National Diplomatic Fund Co., Ltd. (former Trade Name: Credit Counseling and Recovery Fund; hereinafter referred to as “National Dental Fund”) and the Plaintiff were pending in the appellate court under this Court No. 2013 or 2411 (hereinafter referred to as “previous appellate case”); and (b) the said appellate court, on June 18, 2013, cannot be deemed due to a cause not attributable to the Plaintiff’s failure to observe the period of appeal.

C. The defendant is an attorney who has filed a lawsuit on behalf of the National Dental Fund in the previous appellate court.

[Ground of recognition] Facts without dispute, Gap evidence 1-2 and 3, the purport of the whole pleadings

2. The plaintiff alleged and judged that the card number C (hereinafter referred to as "the credit card of this case") applied for the issuance of the credit card of this case or received and used it, but the national card of this case forged the application for the issuance of the plaintiff's name with respect to the credit card of this case. The plaintiff alleged that the credit card of this case was a claim for the use price with respect to the credit card of this case and transferred it to the Credit Counseling and Recovery Fund, and the previous court of first instance and the appellate court case was conducted based on this claim. The defendant knew

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