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(영문) 서울중앙지방법원 2016.11.18 2015가단5299251
채무부존재확인
Text

1. The Plaintiff’s respective insurance contract loans stated in the separate sheet dated December 18, 2012 against the Defendant do not exist.

Reasons

1. Basic facts

A. The Plaintiff is the insured who entered into five insurance contracts with the Defendant as shown in the attached list.

B. On December 18, 2012, with respect to each insurance contract listed in the separate sheet, a loan agreement of KRW 6,717,000,000 in total as shown in the separate sheet in the name of the Plaintiff (hereinafter “each of the instant loan agreements”) was concluded, as in the Plaintiff’s name, upon a non-face application.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 2-5

2. The plaintiff asserts that each of the loan agreements of this case is null and void since the third party entered into each of the loan agreements of this case by stealing the plaintiff's name.

As to this, the defendant asserts that each of the loan agreements in this case should be viewed as the plaintiff's intention, barring special circumstances, since the loan was deposited into the bank account in the name of the plaintiff through the procedure of identification of identity through the mobile phone in the name of the plaintiff at the time of each of the

3. Comprehensively taking account of the overall purport of arguments and arguments as to Gap evidence Nos. 3, Eul evidence Nos. 1, Eul evidence Nos. 1-2 and Eul evidence Nos. 2 and the fact-finding results with respect to C Bank, the Plaintiff had never entered the Republic of Korea from February 24, 2010 and had not entered the country until March 9, 2015. However, at the time of each of the loan agreements in this case, the Plaintiff’s bank account in the name of the Plaintiff on December 11, 2012, immediately before each of the loan agreements in this case, was opened by the Plaintiff’s mother, and the transaction seal Nos. 1, Eul was also established. At the time of each of the loans in this case, the Plaintiff’s name stated in the “application for the registration of remittance account” (Evidence No. 1-1) submitted to the Defendant at the time of the agreement in this case, can be acknowledged as having been attached to the above C Bank’s account (the fact-finding).

3.2

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