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(영문) 대구지방법원 2016.03.22 2015가단123013
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 22, 2015, the Defendant merged Ccredit Cooperatives.

(1) From September 25, 2003 to December 2014, D, as the head of the Defendant Union, was in charge of overall management of the business of the Defendant Union, including the loan and loan, as the head of the Defendant Union. From January 14, 2008 to December 2014, E, as the deputy head of the Defendant Union, was in charge of the loan business of the Defendant Union.

D The purpose of the loan was to introduce loan holders under the name of the Plaintiff, including the Plaintiff, through the broker such as F, G, H, I, J, K, K, L, M, etc., and, in the absence of any problem, to inquire into whether the loan holders are bad credit and whether the loan of financial rights is granted to the Plaintiff, and to implement the loan under the name of the borrower.

D. E requires the above loan holders, including the Plaintiff, to prepare documents necessary for the loan, such as the loan application form, and they made their signatures and seals on the tenant column of the lease contract that forged the lessor column, and in return, they paid the fee of KRW KRW 00,000,000 to the tenant.

D. On February 4, 2013, D and E submitted documents necessary for the loan, such as the Plaintiff’s loan application and lease agreement with false content, to the chief director of the Defendant Cooperative, which was prepared by the aforementioned method, and the member in question carried out KRW 45 million loan with security deposit (hereinafter “instant loan”) after obtaining the final approval of the chief director.

2. The plaintiff's assertion and its judgment

A. On February 4, 2013, the Plaintiff’s assertion as to the invalidity of a false conspiracy by false representation of agreement is that if D Standing Director and E Vice-President, who was an employee of CFC, lend the name of the lender, they will also establish EFC passbook and increase credit rating.

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