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(영문) 서울중앙지방법원 2015.12.08 2015가단68292

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On February 24, 2015, Defendant A case Savings Bank concluded a contract to lend KRW 7,000,000 under the Plaintiff’s name (hereinafter “instant loan contract”), and wired KRW 7,000,000 to the passbook in the name of the Plaintiff on the same day.

B. On February 24, 2015, Defendant LAW Capital Loan Co., Ltd concluded a contract to lend KRW 4,000,000 in the name of the Plaintiff (hereinafter “instant loan agreement”) and remitted KRW 4,000,000 to the passbook in the name of the Plaintiff.

[Reasons for Recognition] Gap evidence 1, Eul evidence 1, 2, Eul evidence 3 and 4, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Although the loan broker asked the loan broker to arrange the loan amounting to KRW 3,000,000, the agreement of this case is null and void since the loan broker confineds the Plaintiff, acquired or forged documents, etc. in the name of the Plaintiff, and concluded the loan and loan contract of this case with the Defendants. 2) Although the Plaintiff asked the loan broker to arrange the loan amounting to KRW 3,00,000, the Plaintiff asked the loan broker to arrange the loan amounting to KRW 3,00,000, the loan broker made the loan broker to enter into the loan and loan contract of this case with the Defendants by deceiving or coercion

B. Defendant 1’s assertion of the Defendants: (a) Defendant EF Savings Bank received relevant documents, such as an abstract of resident registration directly issued by the Plaintiff and a certified copy of the Plaintiff’s resident registration; (b) confirmed the Plaintiff’s identity as the Plaintiff’s cell phone; and (c) concluded a loan contract with the Plaintiff after checking whether the Plaintiff was in office as the Plaintiff’s cell

② Even if a loan broker entered into a loan contract with the Defendant in the name of the Plaintiff, the Plaintiff provided the loan broker with documents necessary for the loan and granted the right of representation to enter into the loan contract with the Defendant.

(3)