채무부존재확인
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the overall purport of the statements and arguments as to Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 8, the plaintiff entered into a credit transaction agreement with B Bank Co., Ltd. (hereinafter "B Bank") on May 28, 2007 at 90,000,000 won per annum, interest rate of 11% per annum, and interest rate of 26% per annum, and received 90,000 won from B Bank under the name of the plaintiff (hereinafter "the credit transaction agreement of this case") from B Bank on the same day. B Bank was ordered to suspend its business on February 17, 201, and decided to transfer its business on November 23, 201, and the defendant acquired the above loan claim from B Bank.
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion of the instant credit transaction agreement is invalid since B bank established a special purpose corporation C (hereinafter “foreign company”) and borrowed the name of the borrower from the Plaintiff to operate a specific business. Thus, it constitutes a false declaration of conspiracy.
B. In order to establish a false declaration of one conspiracy, there is a difference between the truth and the indication of the declaration of intention and an agreement between the other party as to the inconsistency. If a third party directly puts his/her signature and affixes his/her seal on the loan-related documents, such as the letter of loan for consumption, etc. as the principal debtor or joint guarantor, the third party himself/herself indicates that the debtor of the loan for consumption is the financial institution. A third party intended to obtain a loan under the name of the third party by avoiding the lending restrictions
Even if the principal and interest are to be repaid at the expense of others, barring special circumstances, this is merely an intention to vest economic effects under a loan for consumption in others, and the legal effect is also to vest in others.