채무부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On December 19, 201, the Plaintiff’s illegal use under the Plaintiff’s name B, (1) was committed at the Plaintiff’s mobile phone sales store located in Mapo-gu Seoul Metropolitan Government, and prepared an application for mobile phone entry under the Plaintiff’s name, and opened the mobile phone (hereinafter “instant mobile phone”).
(2) On December 20, 201, at the branch office of Han Bank, Han Bank, Co., Ltd., Ltd., preparing an application for issuance of a new account in the Plaintiff’s name, opening an account (Account Number E; hereinafter “instant account”) and obtaining an authorized certificate in the Plaintiff’s name (hereinafter “instant authorized certificate”) without the Plaintiff’s permission.
(3) On March 6, 2012, the Plaintiff filed an application for re-issuance of a driver’s license with his/her driver’s license while driving the Plaintiff, and the Plaintiff was issued a driver’s license under the name of the Plaintiff.
B. On May 21, 2012, the Defendant’s first loan (1) B sent the electronic signature via the instant authorized certificate at the Defendant’s Internet site to the electronic document offering a loan of KRW 10,000,000 in the Plaintiff’s name.
(B) The employee of the Defendant’s personnel confirmed that the applicant was the Plaintiff himself/herself, with the certification through the instant mobile phone and digital signature, and called the instant mobile phone.
B was called by the Plaintiff while driving, and expressed the intent to subscribe for the loan.
In addition, B sent to the defendant a copy of the Plaintiff's driver's license issued by stealing the name, a national pension holder's certificate, a written confirmation for pension calculation, a copy of the resident registration card, and a copy of the passbook of this case.
(C) On May 21, 2012, the Defendant consented to the loan (hereinafter “first loan”) and remitted KRW 10,000,000 to the instant account.
(2) On July 10, 2012, B subscribed for a loan of KRW 5,00,000 in the same manner as the first loan.
The defendant also confirms the identity of the defendant in the same manner and the borrower.