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1. The plaintiff's lawsuit against the defendant B is dismissed.
2. On January 30, 2015 between the Plaintiff and Defendant C Co., Ltd.
Reasons
1. Basic facts
A. A. On January 30, 2015, E recommended the Plaintiff, who was in close friendship at the Jinju-si branch of G bank located in the Kimhae-si, Kim Jong-si, to open an account under the Plaintiff’s name without the Plaintiff’s consent or consent, and opened the account under the Plaintiff’s name.
E was issued an authorized certificate under the Plaintiff’s name at the time.
B. On January 30, 2015, E 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. On the same day, E opened an account in the Plaintiff’s name and obtained an authorized certificate as above at his own house located in Kimhae-si, Kimhae-si, and connected each Internet homepage of Defendant B and Defendant C Co., Ltd. (hereinafter “Defendant C”) by computer despite the fact that there was no consent or delegation from the Plaintiff on the loan, and then without permission, entered the Plaintiff’s name, resident registration number, etc. in the loan limit column of each loan transaction contract, and then forged the loan application file with the Plaintiff’s digital signature in the signature column, and transmitted the electronic record to the Defendants as if the above electronic record was duly formed.
E applied for a loan in the above manner and received each KRW 3,00,000,000 from the Defendants for the same day, respectively, to the Plaintiff’s bank account under his/her management.
(hereinafter referred to as the “instant loan”). (e)
E was sentenced to imprisonment with prison labor for two years on May 23, 2019 by the Changwon District Court Decision 2018 Godan3129 Decided May 23, 2019 and the above judgment became final and conclusive.
F. Defendant B transferred the entire claim for the instant loan to Defendant C on May 17, 2016, and the remainder of the loan as of July 13, 2018 is 5.