채무부존재확인
1. It is confirmed that there is no debt indicated in the separate sheet against the plaintiff against the defendant.
2. The costs of lawsuit shall be.
1. The parties' assertion
A. On March 20, 2012, the Plaintiff entered into a loan agreement with Solomon Mutual Savings Bank on general funds of KRW 6,000,000, and there is no fact that the Plaintiff entered into a monetary loan agreement with Lone Star Loan on April 26, 2012.
Each of the contracts of this case was concluded by the Plaintiff, who was the Plaintiff, stolen the Plaintiff’s resident registration certificate, thereby forging and forging the Plaintiff’s name. As such, the Plaintiff does not bear any obligation under each of the contracts of this case, and thus, the Defendant, who is the final transferee of each of the loans of this case, sought confirmation
B. At the time of the loan agreement of Defendant on March 20, 2012, the Solomon Mutual Savings Bank directly remitted the loan to the account in the name of the Plaintiff after verifying the digital signature by means of an authorized certificate under the Plaintiff’s name. On April 26, 2012, at the time of the monetary loan agreement of this case, Lone Star loan was subject to the Plaintiff’s confirmation procedure, such as directly remitting the loan to the account in the name of the Plaintiff, and thus, each of the instant contracts is a valid contract concluded at the Plaintiff’s own will. Family Co., Ltd signed each of the instant contracts by forging the name of the Plaintiff.
Even if the plaintiff provided the NongHyup Bank account and cellular phone to B, the plaintiff granted the basic right of representation for the lending act, and there were reasonable grounds to believe that B was the right of each contract as the plaintiff himself/herself.
As such, there is a liability to act as an expression agent under Articles 125 through 126 of the Civil Act against the plaintiff.
In addition, the plaintiff knew or could have known that B would make a loan by stealing the name of the plaintiff due to transfer or lending of bank account and mobile phone under the name of the plaintiff to B.
As such, the plaintiff is liable for damages caused by the tort.
2. Determination:
A. The instant loan agreement dated March 20, 2012 was concluded.