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(영문) 서울중앙지방법원 2018.11.30 2018나18534
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this case are as follows: “I am difficult” in the 6th 18th 18th am of the judgment of the court of first instance; “I am hard to use it as “I am hard to get a loan of 540,000 won from the defendant to the insurance terms and conditions (the plaintiff was also granted a loan of 540,000 won from the defendant on January 3, 2013). I am unable to admit the plaintiff’s assertion as additional evidence submitted in this court, and I am dismissed the evidence of No. 16 or No. 23 of the judgment of the court of first instance (including the serial number) which is insufficient to recognize the plaintiff’s assertion. In addition, I am see the argument that the plaintiff emphasizes or added in this court as stated

2. The Plaintiff asserts that the loan made on August 30, 2013 in the name of the Plaintiff does not satisfy “the fact that an insurance premium or loan was paid to the Defendant by automatic transfer or immediate transfer from the relevant account at least once within the last one year as of the date of application for the loan of insurance contract” and that the loan of this case, which was made on the basis of the Plaintiff’s name, was null and void since it did not fulfill the obligation to confirm the Plaintiff himself/herself.

On the other hand, there is no dispute between the parties that the defendant's account for the transfer of the insurance contract loan shall be the account under the name of the policyholder, and the above account shall be paid at least once by automatic transfer or immediate transfer from the relevant account within the last one year as of the date of application for the loan of insurance contract, and the defendant shall confirm the personal information of the applicant for the loan of insurance contract and confirm the identity of the policyholder in accordance with the insurance contract loan standards, but the above insurance contract loan standards are merely merely the business rules of the defendant for the purpose of preventing damage caused by fraudulent loan, etc., and they are the effective requirements for the loan contract.

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