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(영문) 청주지방법원 2014.10.17 2013가단157008

채무부존재확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 24, 2013, Defendant ELA Co., Ltd. (hereinafter “ELA”) remitted loans of KRW 600,000 and KRW 4,520,000 to the Agricultural Cooperative Account (Account Number: B) in the Plaintiff’s name.

B. On July 25, 2013, Defendant Smart Savings Bank (hereinafter “ smart Savings Bank”) remitted KRW 15,000,000 to the new bank account (Account Number: C) in the name of the Plaintiff.

C. On July 25, 2013, Defendant-Friendly Savings Bank Co., Ltd. (hereinafter “Friendly Savings Bank”) remitted KRW 4,998,500 to a new bank account (Account Number: C) in the Plaintiff’s name.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. On July 11, 2013, the gist of the Plaintiff’s assertion 1) was from July 2 to 3, 2013, a text message was sent from the New Bank Loan Center to the Plaintiff’s mobile phone amounting to 7.9% per annum. The Plaintiff was sent a mobile phone number that immediately sent the said text message. The Plaintiff sent the phone number to the Plaintiff. The Plaintiff introduced the Plaintiff as a “D” agent, a new bank loan broker, and issued a certification number. Furthermore, the Plaintiff confirmed that the Plaintiff was able to borrow a loan at an interest rate of 7.9% per annum, such as the content of text message sent to the Plaintiff. (2) After the Plaintiff’s consultation by telephone, the Plaintiff came to know whether there was “D” among the registered financial solicitors.

As a result, it was confirmed that the Plaintiff was registered as a financial solicitor on the said website by the Plaintiff.

Accordingly, the plaintiff again asked the new bank loan of KRW 10 million from the new bank loan center at an annual interest rate of KRW 7.9% between D and D with the number previously calls.

3. The plaintiff D. D.