채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. As of June 21, 201, between the Plaintiff and Korea Bank of Savings Co., Ltd. (hereinafter “Korea Savings Bank”), a credit transaction agreement (hereinafter “instant loan agreement”) with a maximum of KRW 100 million, June 21, 201, 13% per annum on the expiration date of the credit (hereinafter “instant loan agreement”), was concluded between the Plaintiff and Korea Savings Bank (hereinafter “Korea Savings Bank”). On June 22, 2011, Nonparty bank deposited KRW 95,000,000 into the Nong Bank account in the Plaintiff’s name.
B. On February 28, 2013, Nonparty Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the Plaintiff acquired the claim based on the instant loan agreement from the trustee in bankruptcy of Nonparty Bank.
[Grounds for recognition] The items of evidence Nos. 2 and 3, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion that the loan agreement of this case was made by the Plaintiff-friendly C, but it was difficult for the Plaintiff-friendly C to obtain a loan from the Nonparty bank due to credit problems, and the Plaintiff merely lent the Plaintiff’s name, and Nonparty bank also knew that the debtor of the loan of this case is C. The loan agreement of this case constitutes an inadequate intention or a false declaration of intention, and thus, is null and void.
B. Determination 1) A party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract. The interpretation of a declaration of intent clearly establishes the objective meaning that the party has given to the act of expressing the intent, and in the event that a written document is written between the parties to a contract, which is a disposal document, it shall not be cited in the phrase used in the document, but shall reasonably interpret the objective meaning that the party gives to the expression in the document, regardless of the party’s internal intent (see, e.g., Supreme Court Decision 2000Da27923, Oct. 6, 2000).