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(영문) 서울남부지방법원 2018.05.31 2017나3906
대여금
Text

1. Revocation of a judgment of the first instance;

2. All claims of the Plaintiff and the Plaintiff’s succeeding intervenor are dismissed.

3...

Reasons

1. Basic facts

A. On January 16, 2004, the name column of the Consumer Financial Agreement (No. 2) dated January 16, 2004 of Korea-China Mutual Savings Bank (hereinafter “Korea-China Mutual Savings Bank”) prepared under the name of the defendant, the stamp image is affixed along with the statement “A,” and the resident registration number, home address address, telephone number, price settlement account, loan amount column, etc. are written.

B. The Korea-China Mutual Savings Bank had the custody of the copy of the passbook (B) in the name of the defendant stated in the column for the settlement of payment in the above customer’s financial agreement.

(c) The Korea Deposit Insurance Corporation was declared bankrupt and was appointed as a trustee in bankruptcy;

On June 13, 2011, the Korea Deposit Insurance Corporation transferred its claims to the Intervenor succeeding to the Plaintiff, and sent to the Defendant a document stating the assignment of claims by content-certified mail on September 19, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

2. Determination

A. On January 6, 2004, the Plaintiff’s succeeding intervenor asserted that Korea-China Mutual Savings Bank extended a loan of KRW 4,500,000 to the Defendant at the agreed interest rate of KRW 14% per annum, KRW 25% per annum, and KRW 16% per annum, and the repayment date on January 16, 2005 (hereinafter “instant loan”). The Plaintiff’s succeeding intervenor acquired the instant loan claim from the Korea Deposit Insurance Corporation, the bankruptcy trustee of the Korea-China Mutual Savings Bank, and thus, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor the instant loan of KRW 4,50,00 and delay damages.

In this regard, the defendant asserts that the agreement submitted by the plaintiff succeeding intervenor as the basis for the loan of this case is forged and that the loan of this case is not received.

B. (1) In the absence of special circumstances, if the stamp image of the holder in whose name the relevant legal reasoning is written and sealed is displayed by his/her seal, the judgment shall be made, barring special circumstances.

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