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(영문) 서울중앙지방법원 2018.10.31 2016가단123356
손해배상
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The National Diplomatic Fund (former name: Credit Counseling and Recovery Fund; hereinafter “National Diplomatic Fund”) received a credit card payment claim against the Plaintiff from the KBN Card Co., Ltd. (hereinafter “KBN Card”), and received a favorable judgment on March 29, 201 by filing a lawsuit against the Plaintiff with the Seoul Central District Court No. 2011 Ghana2710847 (former case number: 201Gau29793).

(hereinafter “Prior Case”). (b)

The Plaintiff filed an appeal following subsequent supplement by Seoul Central District Court 2013Na2411, and the judgment dismissing the Plaintiff’s appeal on June 18, 2013 was rendered on the ground that the Plaintiff’s failure to observe the period of appeal cannot be deemed due to any cause not attributable to himself/herself, and the said judgment became final and conclusive.

The Plaintiff filed a lawsuit for retrial as to the foregoing final judgment with Seoul Central District Court 2015Na387, but the said court rendered a judgment dismissing the lawsuit on April 24, 2017 on the ground that there is no ground for retrial.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 16, 17, 18, Eul evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment were made by the Plaintiff on July 13, 2004 when the card number was issued with B, and lost on the same day. After doing so, the Plaintiff prepared an application for the reissuance of the national card and applied for the reissuance of the national card or received the reissuance of the national card. The Defendant submitted an application for the reissuance of the Plaintiff’s forged card in the preceding case and the national card number C, which was reissued accordingly, in which the Plaintiff lost in the preceding case. Thus, the Defendant committed tort against the Plaintiff, such as defamation, theft of name, forgery of private document, and forgery and uttering.

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