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(영문) 서울남부지방법원 2016.01.15 2014가단241133

채무부존재확인등

Text

1.(a)

On January 24, 2014, between the Plaintiff and the Defendant, KRW 100 million against the Defendant based on a monetary loan agreement.

Reasons

1. Facts of recognition and judgment

A. The Plaintiff is the owner of Gangseo-gu Seoul Metropolitan Government B Apartment 102 Dong 305 (hereinafter “instant apartment”), and C is the Plaintiff’s mother and live in the instant apartment.

C Considering D, who did not receive only elementary school education without parents during the 20 year ago, D, who was living together, listen to the phrase that D, which was in the process of auction due to the security of the Gangseo-gu Seoul Metropolitan Government E Apartment 508, which was owned by it, was not repaid KRW 52 million from the Hyundai Savings Bank, and on the premise that D, was in progress using the apartment of this case, and, on January 2014, it did not contact the second father, who was his father, and did not expressly state his identification card, personal seal impression, and seal impression.

The Plaintiff, prior to NFF, deemed that the apartment of this case was leased in the name of NFFC as a collateral for the extension contract, and that it was necessary for the extension contract. On January 13, 2014, the Plaintiff issued a four copies of the Plaintiff’s resident registration certificate, four copies of the certificate of personal seal impression, and one certificate of personal seal impression (hereinafter “Plaintiff’s resident registration certificate, etc.”) to D who visited the Plaintiff’s own will.

D The Steel Company may lend money to C with interest free from interest to repay the loans related to the above E Apartment 508, while C received the Plaintiff’s resident registration certificate, etc. from C, and attempted to obtain a loan with F, but did not comply with the purport.

During that process, D received F’s contact on January 17, 2014, and met F, loan consultants I, and F’s paper at the H 2nd coffee shop located in Seocheon-gu, Seocheon-gu, Seoul. G. At that end, D prepared a letter of delegation to the effect that “F delegates all the powers regarding the opening of bank accounts to mandataryD” in the Plaintiff’s name, and affixed the Plaintiff’s seal imprint.

In addition, with respect to the apartment of this case, the defendant bank and the debtor as the plaintiff are 120 million won of maximum debt amount, one copy of the mortgage contract, and 100 million won of the plaintiff.