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1. The Defendant’s KRW 5,00,000 as well as the annual rate of KRW 5% from June 12, 2018 to June 5, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On May 4, 2018, the Defendant stolen the Plaintiff’s resident registration certificate, one driver’s license certificate, and one credit card card of the modern department store in D vehicles parked at the front of Dongjak-gu Seoul Metropolitan Government, Seoul.
B. From May 15, 2018 to June 12, 2018, the Defendant used the stolen identification card as seen above, and used it at will as the Plaintiff. ① The Defendant used the stolen modern department store credit card, ② the Plaintiff’s name, issued and used the modern card, Samsung Card, and new card, and ③ borrowed KRW 15 million from E Co., Ltd. (hereinafter “Small Bank”).
C. On February 14, 2019, the Defendant was sentenced to imprisonment with prison labor for three years in the judgment of Incheon District Court 2018 High Court 4876, 6306, 7574, 7917, 8559 (combined) and the above judgment became final and conclusive as the Defendant’s withdrawal of appeal on March 7, 2019.
[Ground of recognition] Evidence Nos. 1-1, 2, 2-1, 2-2, 8, 15-1, 2, and 16-2, and the purport of the whole pleadings
2. According to the above facts of determination, it is reasonable in light of the empirical rule to view that the defendant obtained illegal loans under the name of the plaintiff and obtained at will a credit card under the name of the plaintiff, and that the plaintiff suffered mental suffering. Therefore, the defendant is obliged to do so in money.
However, the amount of consolation money shall be determined at KRW 5 million in comprehensive consideration of various factors, such as the fact that the plaintiff failed to thoroughly manage identification cards and cards, the fact that the plaintiff is not ultimately liable for the card company or the non-party bank due to the defendant's illegal act, the fact that the plaintiff is not ultimately liable for the card company or the non-party bank, the circumstances of the case, the degree
Therefore, the defendant's claim for damages against the plaintiff is reasonable in dispute as to the existence and scope of the defendant's obligation from June 12, 2018, which was the date of the final illegal act.