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(영문) 서울중앙지방법원 2017.10.18 2017가단46234
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. At the request of B to obtain the sunlight loan, the Plaintiff added his identification card, the passbook of the National Bank, the cellular phone machine, and the official identification certificate and password for criminal use.

B. B visited the Defendant’s website on June 2, 2015, followed the Plaintiff’s personal verification process as if he were the Plaintiff, and subscribed for the electronic loan transaction on June 2, 2020 with the loan amount of KRW 3 million and the loan period.

다. 위 대출거래신청 과정에서 인증번호 발송이 요청되면 코리안크레딧뷰로(KCB)에서 원고 명의의 휴대전화로 인증번호를 송부하여 그 인증번호를 입력하는 방식의 휴대전화를 이용한 본인인증방법도 함께 사용되었다. 라.

After going through the above process, the Defendant entered into an electronic loan transaction agreement (hereinafter “instant loan transaction agreement”) with a loan of KRW 3 million and a loan period of June 2, 2020, and remitted a loan of KRW 3 million to the national bank account (Account Number C) in the name of the Plaintiff.

【Ground of recognition】 Evidence Nos. 1 through 2, No. 1 through 3 (including evidence attached with paper numbers), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is as follows: (a) by deceiving B to obtain the sunlight loan from the Defendant, the Plaintiff was an identification card, a national bank passbook, a mobile phone machine, an authorized certificate for criminal use, and a password; (b) the Plaintiff entered into the instant loan transaction agreement with the Defendant without the Plaintiff’s consent and used the loan to the Plaintiff’s account in the name of the Plaintiff. Since the Plaintiff did not have entered into the instant loan transaction agreement with the Defendant, the Plaintiff seeks confirmation that there is no obligation to pay a loan under the instant loan transaction agreement with the Defendant; and (c) the Plaintiff was confirmed as the principal through an authorized certificate in the transaction by electronic document.

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