채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 30, 2013, under the name of the Plaintiff on the premise that a loan was applied to the Defendant on the Internet, and the amount of loan was KRW 10,00,000,000, the maturity date on July 5, 2012, interest rate of KRW 25% per annum, and interest rate of arrears rate of KRW 37% per annum (hereinafter “instant loan”). As of April 2, 2013, the loan remains in KRW 10,000,000, interest rate of KRW 4,702,776, a total of KRW 14,702,776.
(C) On February 2, 200, the Plaintiff asserted that, regardless of the Plaintiff’s intent, C entered into the instant loan agreement by stealing the Plaintiff’s name, and thus, C is not liable for the instant loan loan, on the ground that (i) the Plaintiff sought a part-time fee from the Plaintiff; (ii) the Plaintiff issued a resident registration abstract, identification card, certificate of attendance, and passbook; and (iii) the Plaintiff entered into the instant loan agreement by stealing regardless of the Plaintiff’s intention.
Where an agent performs a legal act in his/her own name by deceiving himself/herself as if he/she was the principal without indicating an act of representation, barring any special circumstance, an expression agent under Article 126 of the Civil Act may not be established, unless there are any special circumstances. However, the agent has a fundamental power to represent the principal to the person who has misappropriated himself/herself, and the other party has any justifiable reason to believe that the above mother was the exercise of his/her authority as the principal, the legal principle of an expression agent beyond his/her authority may
(See Supreme Court Decisions 87Meu273 Decided February 9, 198, and 2001Da29814 Decided June 28, 2002, etc.). In full view of the purport of the entire pleadings in each of the statements in evidence Nos. 5, and evidence Nos. 29814 Decided June 28, 2002, the Plaintiff shall hear the words “A business similar to a bank business” from B and C around April 30, 2013, the Plaintiff shall make a monthly wage of KRW 2 million, and shall make a certified copy of the resident registration card, passbook, and make an authorized certificate available for Internet banking,” and “A shall make a certified copy of the resident registration card to C on April 30, 2013.”