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1. On March 2, 2015 and November 10 of the same year between the Plaintiff and the Defendant, the Plaintiff is against the Defendant based on a loan agreement concluded between the Plaintiff and the Defendant.
Reasons
1. Facts of recognition;
A. On March 2, 2015, a loan contract was concluded between the Plaintiff and the Defendant, and five million won was loaned. At the time, a copy of the Plaintiff’s identification card, the Plaintiff’s business registration certificate, and the details of the passbook for main transactions was submitted. On November 10, 201 of the same year, a loan contract for KRW 2 million was additionally concluded, and the loan was extended to KRW 2 million, and all the loan was deposited into the post office and the national bank account in the Plaintiff’s name.
(hereinafter referred to as the “instant loan agreement”) B.
On February 21, 2017, the Defendant sent a “written claim” to the Plaintiff to urge the payment of interest under the instant loan contract. On February 21, 2017, the Plaintiff sent a “written claim” to the Defendant that “if the Plaintiff applied for a loan to the Defendant, did not have received any loan from the Defendant, and did not have any demand for interest during that period, and if a third party received a loan by stealing the name of the principal, it shall be liable to the Defendant who neglected the confirmation of the principal.”
C. The plaintiff is arbit B, and is C and D with their students.
[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 5 (including paper numbers), the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) The loan contract of this case was concluded by D, who was aware of the account information for operating the place of business while working at the Plaintiff’s place of business, with the Plaintiff’s identification card and the Plaintiff’s business registration certificate, etc. Accordingly, the Plaintiff did not have a debt under the loan contract of this case. The Defendant received a copy of the Plaintiff’s identification card, the Plaintiff’s registration certificate, and the principal transaction passbook at the time of entering into the loan contract of this case on March 2, 2015 as seen earlier. The loan contract of this case was directly made by the Defendant’s government branch, and as seen earlier, all loans under the loan contract of this case were made by the Plaintiff.