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(영문) 부산지방법원동부지원 2020.06.04 2019가단228676

예금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 25, 2016, the Defendant bank conspireds with Nonparty E to grant a loan of KRW 30 million in the name of the Plaintiff without the Plaintiff’s consent. The Defendant bank sought compensation for damages on the ground that the Plaintiff suffered a loss equivalent to the amount of the loan due to the tort by such Party E and Defendant bank.

2. On the basis of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant bank conspireds with Nonparty E to implement a loan under the name of the Plaintiff, and there is no other evidence to acknowledge it.

The written application for credit guarantee of No. 4 and the written statement of No. 5 stated the Plaintiff’s written signature and seal on the Plaintiff’s written signature and seal, and even if based on the written judgment (Evidence No. 12) on Nonparty E submitted by the Plaintiff, the content was merely deceiving the Plaintiff, thereby making the Plaintiff obtain a loan under the Plaintiff’s name, and the Defendant bank did not receive a false loan in collusion with the Defendant bank.

3. According to the conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.