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(영문) 서울중앙지방법원 2017.02.07 2016가단79350

채무부존재확인

Text

1. The Plaintiff’s principal amounting to Defendant Hyundai Capital Co., Ltd. is KRW 20,000,000 as of November 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant Hyundai Capital Co., Ltd. (hereinafter “Defendant Hyundai Capital”) obtained a loan of KRW 11.4 million from Defendant Hyundai Capital on June 19, 2014. At the time, the settlement account for repayment of principal and interest was the Plaintiff’s bank account (Account Number B). (2) A loan contract was concluded on November 6, 2015 between the Plaintiff and Defendant Hyundai Capital and the Defendant Hyundai Capital, and the loan was repaid on November 13, 2015, and the loan was performed. At the time of the loan, the said Defendant received the Plaintiff’s health insurance qualification acquisition confirmation certificate by going through the Plaintiff’s authorized certificate and the Plaintiff’s cell phone (phone number C).

3) A loan contract was concluded between the Plaintiff and Defendant Hyundai Capital with a KRW 20 million on November 30, 2015, and on the same day, KRW 20 million was remitted to the above national bank account. At the time of the loan, the above Defendant did not conclude a loan contract with the Plaintiff’s personal verification and digital signature at the time of November 6, 2015, but did not enter into the loan contract with the Plaintiff’s personal verification by means of the Plaintiff’s authorized certificate and the Plaintiff’s personal confirmation by means of the Plaintiff’s digital signature, and carried out the loan after only completing the Plaintiff’s personal verification through the aforementioned mobile phone, and the Plaintiff’s employment procedure. B. The Plaintiff and the Defendant Korea Stock Savings Bank (hereinafter “Defendant Stock Savings Bank”).

On February 18, 2016, a loan contract of KRW 10 million was concluded between the two parties. On the same day, KRW 3057,885,000,000,000,000 were remitted to the said national bank account under the Plaintiff’s name, and the said loan was transferred to all of the above loan KRW 10,000,000. The said loan contract was concluded in a non-faced manner through identification by the Plaintiff’s authorized certificate and digital signature. C. The Plaintiff and Defendant Eth-friendly Savings Bank Co., Ltd. (hereinafter “Defendant”).