beta
(영문) 수원지방법원여주지원 2017.11.29 2017가단2993

채무부존재확인(대여금)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. While the Plaintiff was working at the Dog Center operated by B, the Plaintiff received the sunlight loan from B and issued his/her identification card, the passbook of the National Bank, the mobile phone machine, etc.

B. On July 28, 2015, B entered into a loan transaction agreement with the Defendant Company’s website to obtain a loan of KRW 5 million in the Plaintiff’s name.

(hereinafter “instant loan agreement”). The Defendant paid KRW 5 million to the account in the name of the Plaintiff pursuant to the instant loan agreement.

C. Around December 2015, the Plaintiff came to know that B obtained a loan from a large number of lending companies including the instant loan by stealing the Plaintiff’s name, and filed a complaint on April 14, 2016 on the charge of forging private documents.

B On March 28, 2017, at the Seoul Northern District Court (2016dan4290), the Seoul Northern District Court sentenced the Plaintiff to two years, without the Plaintiff’s consent, for forging and uttering private documents, including facts constituting a crime for which the loan agreement, etc. of this case was forged in the name of the Plaintiff, and for fraud, etc., the said judgment was appealed, but the appeal was pronounced on June 2, 2017 (Seoul Northern District Court 2017No682).

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made by the act of forging private documents by stealing the Plaintiff’s name. Thus, the Plaintiff does not bear any obligation under the instant loan agreement against the Defendant.

B. Defendant’s assertion 1) Since the Plaintiff delegated the authority to the loan agreement of this case to B, the validity of the loan agreement of this case extends to the Plaintiff. 2) The Plaintiff asked B to obtain and receive the sunlight loan, and delivered his identification card, passbook of the National Bank, mobile phone machine, etc. to B, and as such, B had the basic authority to act on behalf of the Plaintiff.