채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On October 7, 2010, the Plaintiff entered into a credit transaction agreement (hereinafter “instant monetary loan agreement”) with B Savings Bank (B Savings Bank Co., Ltd.: B Mutual Savings Bank; hereinafter “B Savings Bank”) with a general loan of credit subject, the term of validity of the credit, the interest rate of 9% per annum, and the credit limit amount of 500 million won (hereinafter “instant monetary loan agreement”).
On February 28, 2013, the Daejeon District Court declared bankruptcy against the B Savings Bank as the B Savings Bank No. 2013Hahap2, and appointed the defendant as the trustee in bankruptcy of the B Savings Bank.
[Reasons for Recognition] Facts without dispute, Eul's evidence Nos. 1 through 5, and the purport of the whole pleadings is asserted by the plaintiff, Eul, the representative director of the Bank, who is the whole representative director of the Bank, was asked to lend the name of the lender to the plaintiff through D or E in business interests with the plaintiff. After consenting to the request, the plaintiff entered into a monetary loan loan contract with B savings bank by signing and sealing on the loan documents brought by E and B savings bank's staffF.
Therefore, the actual borrower of the monetary loan contract of this case is Nonparty C, and the monetary loan contract of this case between the plaintiff and B Savings Bank is null and void as it constitutes a false conspiracy. Therefore, there is no obligation under the monetary loan contract of this case against the plaintiff B Savings Bank.
The defendant's assertion ① entered into the monetary loan agreement of this case with the intention to assume the actual liability, and ② even if the monetary loan agreement of this case was null and void as a conspiracy false, the savings bank was declared bankrupt and the defendant was appointed as the trustee in bankruptcy of the B Savings Bank, and thus, the defendant cannot set up against the defendant as the third party in good faith under Article 108 (2) of the Civil Act.
Judgment
The actual principal debtor of the judgment of false conspiracy is actual.