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(영문) 서울중앙지방법원 2016.08.17 2015가단5366571

채무부존재확인

Text

1. The Plaintiff’s principal amounting to KRW 5,00,000 based on the loan agreement dated May 14, 2015 and its interest obligation against the Defendant.

Reasons

1. Basic facts

A. On November 10, 2008, the Plaintiff entered into an insurance contract for “LIG well-being” (hereinafter “instant insurance contract”) with the Defendant, the insurer, and paid the premium by automatic transfer.

According to the above insurance contract, the contractor may obtain a loan from the defendant within the scope of the cancellation refund of the insurance contract.

(hereinafter referred to as the above loans). (b)

B Since 2012, the Plaintiff was living together with the Plaintiff who had the occupation of boarding the deep-sea fishing vessel. The Plaintiff, on December 2, 2014, boarded the deep-sea fishing vessel and left it on July 1, 2015 between May 14, 2015 and May 29, 2015, applied for the Defendant’s call center, ARS (or a third party call) loan under the insurance contract of this case and had the Defendant implement the loan.

(The above two loans are hereinafter referred to as "each of the loans of this case").

Each of the instant loans was carried out in detail as follows.

1) On May 14, 2015, a loan B via the Call Center applied for a contractual loan of KRW 5,000,000 on May 14, 2015 to the Defendant’s call center (or allowing a third party to make a phone call) by using the Plaintiff’s phone call (or allowing a third party to make a phone call). The employee of the Defendant called a loan with the Plaintiff’s identification and confirmation through the Plaintiff’s account number (CF) where the Plaintiff’s insurance premium was automatically transferred to the call party, and the Plaintiff’s resident registration certificate was issued on the same day, and deposited KRW 5,00,000 with the Plaintiff’s account loan. B transferred the money deposited in the said account on the same day to a third party’s account. (2) On May 29, 2015, a loan via ARS was transferred to the Plaintiff’s account with the Defendant’s credit card number (the Plaintiff’s credit card number) prior to the Plaintiff’s credit card number.