채무부존재확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. B applied for a loan in electronic form on the online to the Defendants, who run a business of lending funds using personal information, such as the Plaintiff’s resident registration number, financial account number, etc., and the Plaintiff’s authorized certificate and password without authority. The Defendants agreed to do so and concluded a loan contract. The main contents of the loan contract are as follows.
B was prosecuted as a crime of fraud due to the above act, and the judgment is proceeding with the Incheon District Court 2017Da7265.
On February 11, 2015, the overdue interest rate of the temporary counterpart loans extended by Defendant Osh Savings Bank 12,000,000 won per annum 29.9% per annum 29.9% per annum on February 11, 2020, and 34.9% per annum on March 29, 2016, Defendant SBA Bank 5,000,000 won per annum 27.9% per annum on March 29, 2019.
B. On February 11, 2015, Defendant OF Savings Bank remitted each of the above loans of KRW 12,000,000 to a corporate bank account under the Plaintiff’s name, and Defendant SB Savings Bank transferred each of the above loans of KRW 5,00,000 to the corporate bank account under the Plaintiff’s name on March 29, 2016.
【Ground of recognition】 The fact that there is no dispute, Gap No. 23, Eul No. 1, 2, 4, and 5, Eul No. 1, 2, 3, and 5, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion did not have concluded each of the instant loan contracts with the Defendants, and the Plaintiff concluded each of the instant loan contracts with the Defendants by stealing the Plaintiffs’ names and personal information. As such, there is no obligation to pay the principal and interest to the Defendants under each of the instant loan contracts.
B. The Defendants asserted that they received the Plaintiff’s personal information at the time of each of the instant lending contracts, and completed the procedure of identification based on the authorized certificate, telephone conversations with counselors, mobile phone certifications, etc. Therefore, the Defendants’ electronic document in the Plaintiff’s name received in relation to each of the instant lending contracts is based on the Plaintiff’s intent.