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(영문) 서울중앙지방법원 2017.05.12 2016가단5064766
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 2014, the Plaintiff, who became aware of B, delivered a copy of the resident registration certificate, a certified copy of the resident registration certificate, a certificate of personal seal impression, a collection receipt, etc. to B at the request of B, which was necessary before the name of a commercial building around February 2015.

B. On April 9, 2015, under the Plaintiff’s name, a loan agreement was concluded with a social loan company (hereinafter referred to as “Apropy”) with a loan amount of KRW 10 million, the expiration date, April 9, 2018, and 34.% per annum (hereinafter referred to as the “instant loan agreement”).

C. On April 9, 2015, the instant loan agreement was concluded by means of digital signature via the Internet homepage of the social community created by Apropha in the name of the Plaintiff through a certificate of recognition for the crime in the name of the Plaintiff.

At the time, Apropy social was sent by facsimile a written confirmation of eligibility for health insurance that the plaintiff was issued, and confirmed whether he/she was the mobile phone in the name of the plaintiff.

On April 9, 2015, Apropha transferred a loan of KRW 10 million to the head of a national bank bank held in the name of the plaintiff, and the plaintiff transferred the loan to another account.

E. On September 30, 2015, the Defendant received the claim for the instant loan from Amina social group, and notified the Plaintiff of the transfer on October 22 of the same year.

F. On November 2, 2015, the Defendant applied for a payment order against the Plaintiff as Seoul Central District Court 2015 tea245004 on the ground of the above bond acquisition and received a payment order from the above court that “the Plaintiff shall pay to the Defendant KRW 9.9 million and the amount at the rate of 34.9% per annum from May 12, 2015 to the day of complete payment.”

The above payment order was finalized as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 6, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion B obtained an authorized certificate under the name of the Plaintiff, and entered into the instant loan agreement with the Apropha social group without the Plaintiff’s permission.

The instant loan agreement is a loan agreement.

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