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(영문) 서울중앙지방법원 2018.10.19 2018가단5072280
채무부존재확인
Text

1. Plaintiff, ① Defendant B’s loan obligation of KRW 966,00,00 on December 21, 2015, and Defendant B’s loan obligation of KRW 1,66,00 on December 24, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is N’s words, and N was committed on March 7, 2018, which led to a friendly and debt relationship.

B. The Defendants and the Defendants entered into a monetary loan agreement (hereinafter “each of the instant loan agreements”) as described in the Disposition No. 1 in the name of the Plaintiff, and when pointed out an individual loan agreement, the relevant loan was remitted to the Defendant B’s account in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 4-1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff did not have concluded each of the instant loan agreements with the Defendants.

Each of the loan contracts of this case is concluded by forging the Plaintiff’s name by using the Plaintiff’s resident registration certificate, Defendant B’s deposit passbook in the Plaintiff’s name and cellular phone, and thus, the Plaintiff does not bear any obligation under each of the loan contracts of this case, and thus, the Plaintiff seeks confirmation of the existence of the obligation against the Defendants.

B. Defendants (1) Defendant B Co., Ltd. (hereinafter “Defendant B”) directly concluded the relevant loan agreement, consented in advance, or ratified the relevant loan obligation.

(2) Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded the relevant loan agreement directly with the Plaintiff.

(3) At the time of the pertinent loan contract, Defendant D Co., Ltd. (hereinafter “Defendant D”), the above Defendant received the Plaintiff’s resident registration abstract, certified copy, and certified identification card copy after verifying the Plaintiff’s digital signature by means of an authorized certificate under the Plaintiff’s name, and confirmed the Plaintiff’s identity as a mobile phone, and followed the Plaintiff’s procedure of confirmation, such as directly remitting the loan to Defendant B’s account under the Plaintiff’s name. Therefore, the relevant loan contract is a

(B) The Plaintiff’s authorized certificate, identification card, and so on.

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