채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 4, 2011, the Plaintiff was divided into part of the credit card business of Defendant Woori Bank Co., Ltd. and was established on April 1, 2013 by the Defendant.
It is not classified below, but is called “Defendant” only.
While entering into a credit card membership agreement and having been used with a credit card, on May 31, 2012, the agreement was concluded on the terms and conditions of the loan agreement with the financial institution, stating that “the Defendant is to pay from the Plaintiff’s account on the date of settlement of the credit card” is to pay the loan amount of KRW 4,90,000,000, the loan period of KRW 36 months, the loan commencement date of June 3, 2012, interest rate of KRW 24% per annum, interest rate of delayed interest rate of KRW 28% per annum, and principal and interest of repayment in installments (hereinafter “instant substitute loan”).
B. On March 28, 2013, the Defendant recovered KRW 5,027,585 from the Plaintiff’s sum of KRW 4,646,486, late payment fees, KRW 213,925, and KRW 167,174.
C. On February 3, 2016, the Defendant withdrawn KRW 48,870 from the Plaintiff’s bank account to the card use amount.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, Eul evidence No. 2-1 to 4, and the purport of the whole pleadings
2. The Plaintiff’s assertion received the instant substitute loan from the Defendant, and repaid KRW 5,027,585 in lump sum, including the principal of the substitute loan, KRW 4,646,486, late 213,925, late 167,174, and the fee, KRW 167,585.
However, from August 2015, the Defendant urged the Plaintiff to repay KRW 8,060,90 in total, including the principal of the instant substitute loan and interest KRW 3,414,417. As a result, the Plaintiff suffered emotional distress. In addition, the Defendant sought confirmation of the absence of the obligation to repay the instant substitute loan and sought reimbursement of KRW 8,060,903 as the Defendant’s demand for reimbursement.
In addition, the defendant withdrawn 48,870 won of the balance deposited in the plaintiff's bank account on February 3, 2016 without permission. Thus, the plaintiff revoked 48.