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(영문) 서울동부지방법원 2020.11.03 2020가단736
채무부존재확인
Text

The Plaintiff’s Defendant based on a loan transaction agreement of KRW 20,000,000 between the Plaintiff and the Defendant’s succeeding Intervenor on March 16, 2015.

Reasons

1. Basic facts

A. A loan transaction agreement was concluded between the Plaintiff and the Defendant’s Intervenor who entered into an agreement on loan under the Plaintiff’s name; KRW 20,00,000; interest rate of KRW 15.6% per annum; interest rate of delay damages; 25.6% per annum; date of loan commencement; March 16, 2015; and March 5, 2019 (hereinafter “instant loan agreement”); and the instant loan agreement was concluded by online means of online loan through an authorized certificate.

B. D A final judgment of a criminal case against D was rendered final and conclusive on July 13, 2017 by sentenceing two years of imprisonment and one year of imprisonment for the following criminal facts in the Suwon District Court Decision 2016Da4462, 7174 (Merger), 7277 (Merger), and 8359 (Merger).

On March 18, 2015, at a place where it is impossible to know the address less than 1, 200, the Defendant had access to the website of C Co., Ltd., the victim, without authority, and obtained a personal certification by using a certificate of criminal identification of C Co., Ltd., and entered the name, resident registration number, etc. of A, and applied for a loan of KRW 20,000,000 in the name of A, and such loan shall be obtained from the victim company through the E Co., Ltd.’s deposit account account account account, and

C. On November 19, 2019, the Defendant’s succeeding intervenor transferred the instant loan claims to the Defendant, and the Defendant again transferred the instant loan claims to the Defendant’s succeeding intervenor on January 15, 2020 after the instant lawsuit was instituted.

Accordingly, on May 6, 2020, the Defendant’s succeeding intervenor filed an application for intervention in succession with the Defendant with this court. On June 3, 2020, the Defendant filed an application for withdrawal from a lawsuit with this court, and the Plaintiff consented on the second date for pleading.

[Reasons for Recognition] Class A 1, 3, and Category B 1, 2, and 5

2. The assertion and judgment

A. 1) The Plaintiff did not conclude the instant loan agreement with the Defendant’s Intervenor, and the Plaintiff concluded the instant loan agreement by stealing the name of the Plaintiff. As such, there is no obligation to repay the loan under the instant loan agreement. 2) Defendant is not a party.

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