채무부존재확인
1. Pursuant to a loan transaction agreement between the Plaintiff and Defendant professional loan company on August 9, 2013, it is subject to the loan transaction agreement between the Plaintiff and Defendant professional loan company.
1. The intent of the Plaintiff’s assertion is to obtain loans from the Defendants through the process of preparing and submitting an application for loans under the Plaintiff’s name by using the Plaintiff’s identification card.
The loan contract is not effective against the plaintiff since B entered into with the defendants in the name of the plaintiff without authority.
Therefore, the Plaintiff did not have any obligation against the Defendants, and thus, the Defendants filed a claim for confirmation.
2. Determination
A. The Defendants’ assertion asserts that the obligor of a loan contract is the Plaintiff, since they confirmed whether they were the Plaintiff via a mobile phone, confirmed the Plaintiff’s identification card copy, resident registration copy, etc., entered into a loan agreement with the Plaintiff, and remitted the loan to the account under the Plaintiff’
Defendant professional loan Co., Ltd. asserts that on May 7, 2014, the Plaintiff ratified the act of unauthorized Representation B as the employees of the above Defendant knew that they had the obligation of loans in currency with the Plaintiff, and continued the transaction, such as deposit of interest even after the Plaintiff deposited interest.
B. The facts of recognition 1) B filed an application for a loan with the Defendants using a computer in the name of the Plaintiff at the date specified in the main text Section 1, and then sent the Plaintiff’s resident registration abstract, identification card copy, etc. to the Defendants by facsimile. Then, B forged the Plaintiff’s name by obtaining a loan transaction contract form from the Defendants and entering the Plaintiff’s name and signing. 2) As above, B applied for a forged loan contract to the Defendants again, and filed an application for a loan with the Defendants. Defendant A professional loan company (hereinafter “Defendant AP”) borrowed KRW 5,00,000 on August 9, 2013, 2013, and Defendant AP loan company (hereinafter “Defendant AP”) deposited KRW 20,000 on October 19, 2015, and Defendant ABC loan company deposited KRW 10,000 in each of the Plaintiff’s accounts in the name of each Plaintiff.
3B is named in the name of the Plaintiff as above.