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(영문) 서울중앙지방법원 2014.01.10 2013가단49402

채무부존재확인

Text

1. The Plaintiff’s loan principal amounting to KRW 2,600,000 according to a loan agreement for Defendant well-known LAC loan corporation and KRW 2,600.

Reasons

1. Determination as to the claim against the Defendant Hyundai Capital Co., Ltd. Dol Savings Bank against the UNCLOS social company

A. (1) On February 28, 2007, B, who is the Plaintiff’s father, opened a deposit account (C) in the name of the Plaintiff at the National Bank of Korea Co., Ltd., and thereafter, opened a mobile phone (D) in the name of the Plaintiff at the SK Telecom agency.

(2) On May 24, 2011, B entered the Plaintiff’s personal information (However, the mobile phone number E in the name of B was entered) by accessing the Internet lending site of Defendant Hyundai Capital Co., Ltd. with an authorized certificate under the Plaintiff’s name, and applied for the loan by setting the amount of 30,000,000 won, interest rate of 21.9% per annum, interest rate of 33.99% per annum.

After that, B received KRW 30,000,000 from the national bank account (C) in the name of the Plaintiff after the employee in charge of Defendant Hyundai Capital Co., Ltd. and the cell phone in the above B, who was sent as the Plaintiff.

(hereinafter “instant one loan contract”). Around that time, Defendant Hyundai Capital Co., Ltd. confirmed whether the Plaintiff was in office by phone call to the company where the Plaintiff is in office.

As of February 22, 2013, the principal and interest of a loan based on the instant loan contract as of February 22, 2013 is KRW 20,996,065 (the principal and interest of a loan shall be KRW 20,605,940,125).

(3) On August 29, 201, B filed an application for a loan with a mobile phone (D) located in the name of the Plaintiff at a rate of 5,000,000 won and interest rate of 38.81%, by phoneing to the social company Ethypha (hereinafter referred to as “Defendant Ethypha”), and confirmed the Plaintiff’s personal information and confirmed the date of issuance of the Plaintiff’s resident registration certificate, and received the Plaintiff’s identification number from the person in charge of the said Plaintiff’s mobile phone to notify the employee in charge, and received the said loan KRW 5,00,000 from the national bank account in the name of the Plaintiff.

(hereinafter “instant two loan contract”). As of February 18, 2013, the principal and interest of the instant loan contract based on the instant two loan contract is KRW 5,147,580,00 in total, KRW 4,962,88.