beta
(영문) 서울남부지방법원 2020.01.14 2019가단9167

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion was employed in E around October 2016.

Around May 2017, G, the representative director of the corporation E and the joint operator, F, who is the F, recommended the Plaintiff to apply for labor encouragement subsidy, and the Plaintiff himself/herself applied for it, and therefore, he/she is expected to create an authorized certificate and an account under the name of the Plaintiff.

As requested, the Plaintiff opened an authorized certificate and the Hbank account in the name of the Plaintiff.

F and G have received a loan by applying for a loan to the defendant in the name of the plaintiff.

Although the defendant certified himself through the plaintiff's personal phone, his personal phone was opened by F and G.

Although the defendant should have confirmed the plaintiff himself/herself several times, the loan contract in the purport of the claim (hereinafter "the loan contract of this case") is null and void.

Therefore, there is no obligation under the loan contract of this case against the defendant of this case.

2. Determination

A. It is difficult to recognize that the Plaintiff issued an authorized certificate and a passbook to F and G solely with the statement of evidence No. 1 submitted by the Plaintiff, and there is no other evidence to acknowledge otherwise.

B. Even if the Plaintiff issued an authorized certificate and passbook to F and G, and received a loan from the Defendant by using the certificate and passbook, it is reasonable to view that the instant loan agreement was effective between the Plaintiff and the Defendant, taking into account the following facts and circumstances, by comprehensively taking into account the respective descriptions and arguments in the evidence Nos. 1 and 1 through 4, and the purport of the entire pleadings:

The plaintiff's assertion cannot be accepted.

1. Article 23-3 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall be capable of conducting identification affairs in a safe and reliable manner after examining physical, technical, and administrative action plans, etc. to ensure the safety of identification affairs.