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(영문) 서울중앙지방법원 2019.11.22 2018가단5137194
채무부존재확인
Text

1. The remainder of the loan contract confirmed on June 22, 2018 between the Plaintiff and the Defendant is KRW 5,836,114, and the principal and interest accrued therefrom.

Reasons

1. Facts of recognition;

A. A. Around January 30, 2015, F recommended the Plaintiff, who was in close friendship at the J bank J bank G located in Kimhae-si, Kim Jong-si, to enter an account under the Plaintiff’s name without the Plaintiff’s consent or consent, and opened an account under the Plaintiff’s name.

F was issued an authorized certificate under the Plaintiff’s name at the time of issuance.

B. Around January 30, 2015, F applied for the purchase of a mobile phone service in the name of the Plaintiff and opened a mobile phone in the name of the Plaintiff without the Plaintiff’s consent or consent.

C. Around May 11, 2015, F opened a mobile phone in the name of the Plaintiff at his own house located in Kimhae-si, Kim Jong-si, and possessed it, did not have obtained consent or delegation from the Plaintiff, and despite the fact that F was granted a loan by stealing the Plaintiff’s name, it used the Plaintiff’s mobile phone and used the Plaintiff’s mobile phone as the Plaintiff, and applied for a loan, and then applied for the loan and then transferred KRW 4,235,00 for the loan from the Defendant to the said H bank account in the name of the Plaintiff’s management on the same day.

(hereinafter referred to as “instant loan”). (c)

F was sentenced to imprisonment with prison labor for two years by the judgment of the Changwon District Court on May 23, 2019 due to the above facts constituting the crime, etc., and the said judgment became final and conclusive.

F’s additional loans of KRW 12,763 automatically from the Defendant on May 11, 2015, as of May 31, 2015, KRW 19,202 on June 30, 2015, KRW 202 on July 31, 2015, KRW 20,025 on August 31, 2015, KRW 19,931, and KRW 20,025 on August 31, 2015, and KRW 19,469 on September 30, 2015 were carried out. The loan balance as of June 22, 2018 is KRW 5,836,114.

[Ground of recognition] Each entry of Gap evidence 1 to 4, 6 through 9 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, the loans in this case and the loans in this case.

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