(영문) 서울중앙지방법원 2018.10.25 2016가단152033

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(영문) 서울중앙지방법원 2018.10.25 2016가단152033

손해배상

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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 payment claim against the Plaintiff to the National Duplicative Fund Co., Ltd. (hereinafter “National Duplicative Fund”).

B. On March 29, 2012, the National Diplomatic Fund filed a lawsuit against the Plaintiff with the Seoul Central District Court No. 2011 Ghana2710847, and received a favorable judgment against the Plaintiff that “the Plaintiff shall pay to the Korean Diplomatic Fund the amount of KRW 9,190,719 and the amount calculated at the rate of 17% per annum from February 14, 2011 to the date of full payment of KRW 6,16,90 as to KRW 6,990,” and thereafter, the Plaintiff filed an appeal subsequent to subsequent completion under the court No. 2011 or 2411, but the judgment dismissing the appeal became final and conclusive on June 18, 2013.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 10, 11, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff's assertion is the purport and cause of the claim of this case. The defendant forged the application for subscription to the National Card in the name of the plaintiff, and as if the plaintiff used a credit card (credit card No. B) which does not have received or used, forged the application for Internet banking, thereby creating a false credit card payment claim, and transferred it to the National Dental Fund. Accordingly, the National Dental Fund received a favorable judgment against the plaintiff, thereby causing mental damage caused by defamation and fraudulent use of name to the plaintiff. Thus, the defendant is obligated to pay damages to the plaintiff at a rate of 15% per annum from the day after the delivery of a copy of the complaint to the day of complete payment.

B. Article 259 of the Civil Procedure Act provides that with respect to a case pending before a court, either party shall not institute any lawsuit again.

However, each entry of the evidence Nos. 3 and 4 is a whole of the pleadings.

참조조문

-민사소송법 제259조

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