채무부존재확인(대여금)
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 5,187,511 to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 5, 2015, an application for a loan made under the Plaintiff’s name was received on the website of a loan brokerage company “B,” which entered into an entrustment contract with the Defendant, and around that time, the Plaintiff’s identification card, passbook of a national bank, bank benefit transfer passbook, bank benefit transfer passbook, bank benefit acquisition certificate, and resident registration copy and abstract were received.
B. On August 6, 2015, the Defendant received an application for a loan under the Plaintiff’s name received through OK loan brokerage (hereinafter “instant loan”), and subsequently explained the details of the loan (34.9% per annum, interest rate and delay delay rate, interest rate, equal repayment method, and period of the loan from August 5, 2010 to August 6, 2015), and recorded the said loan (hereinafter “instant loan”) with a mobile phone under the Plaintiff’s name, and sent KRW 4 million to a national bank account in the Plaintiff’s name.
C. After doing so, the Defendant sent the original copy of the loan transaction agreement to the Plaintiff’s workplace, and received again a loan transaction agreement in which the matters concerning the loan obligor were written (No. 8, hereinafter “instant loan transaction agreement”).
At the time of loan examination, the Defendant received the Plaintiff’s credit status, and C, which is called the Plaintiff’s workplace club fee, as a joint guarantor, and also explained and recorded C’s personal confirmation with a cell phone in the name of C.
E. Meanwhile, prior to the instant loan, the Plaintiff issued to D an identification card, passbook of a national bank, cellular phone machine, and an authorized certificate in order to obtain KRW 13 million from community credit cooperatives.
F. As of November 17, 2017, the remaining principal of the loan shall be KRW 3,780,911 for the remainder, and overdue interest shall be overdue due to delay in payment of interest for at least two months.