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(영문) 서울중앙지방법원 2019.03.06 2016가단5282014

채무부존재확인

Text

1. The Plaintiff based on the contract number K lending agreement between the Plaintiff and the Defendant Company, and against the said Defendant.

Reasons

Basic Facts

On April 2016, the Plaintiff, along with L, issued an authorized certificate at a branch of M bank with L, and L, while keeping the Plaintiff’s authorized certificate and password, security media (OTP producer), entered into each monetary loan agreement with the Defendants in the name of the Plaintiff using the Plaintiff’s identification card and mobile phone, credit card, and the account in the name of the Plaintiff.

Attached Form

around August 17, 2016, LA loan No. 1 (hereinafter referred to as “attached Table 1 loan”) calls the Plaintiff’s mobile phone to Defendant B Co., Ltd. (hereinafter referred to as “Defendant 1”) and provides Defendant 1’s counselors with a loan counseling, and as the Plaintiff was the Plaintiff himself/herself, he/she applied for a loan by submitting the Plaintiff’s resident registration certificate, a certified copy and abstract of resident registration certificate, a business registration certificate, and a detailed statement of passbook transaction. Defendant 1 obtained the Plaintiff’s license by entering the Plaintiff’s certification number transmitted to the Plaintiff’s mobile phone, and obtained the Plaintiff’s license through Defendant 1’s loan examination, and then borrowed KRW 10,000,000 from the MA bank account under the Plaintiff’s name.

Attached Form

2 The loan applied for credit loans by Defendant E Co., Ltd. (hereinafter “Defendant 2”) by accessing the Plaintiff’s mobile phone to Defendant E Co., Ltd. on August 12, 2016. After the procedure for identification and the examination of Defendant 2’s loan, L made a certified digital signature in the contract using the Plaintiff’s authorized certificate in the name of the Plaintiff and transferred KRW 5,00,000 to the Mbank’s account in the name of the Plaintiff.

Attached Form

3 Loans, on August 9, 2016, L applied for mobile credit loans to Defendant G Co., Ltd. (hereinafter “Defendant 3”) on the Plaintiff’s mobile phone, and KRW 18,000,000 on August 10, 2016, was deposited into the Plaintiff’s bank account and implemented.

In the process, L is a mobile phone real name certification in the name of the plaintiff, and an authorized certificate in the name of the plaintiff.