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1. The Plaintiff’s interest in arrears at KRW 3,284,507 based on the monetary loan agreement of July 11, 201 against the Defendant and interest in arrears.
Reasons
1. The parties' assertion
A. The Plaintiff, on July 11, 201, did not enter into a loan agreement with a social loan company E&P (hereinafter “foreign company”) with a limit of five million won and three million won for initial use (hereinafter “instant loan agreement”). However, the Plaintiff asserted that the Defendant acquired a loan claim under the instant loan agreement from a non-party company, and urged the Defendant to pay the loan amount. As such, the Plaintiff has a benefit to seek confirmation of the non-existence of the said loan obligation.
B. The Plaintiff had access to the website of the Defendant non-party company, and applied for the head of the office, and the non-party company confirmed the identity of the Plaintiff under the name of the Plaintiff who had already been verified using the identification service, and remitted the loan approved for the examination to the head of the Plaintiff who had already been verified, and thereafter, the Plaintiff received the contract at his home and signed it in writing, and submitted it along with a copy of the identification card to the non-party company. Thus, the instant loan agreement between
2. Determination
A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact that the cause of the obligation occurred by specifying the first claim, the defendant, the creditor, bears the burden of proving the facts that the legal relationship exists.
(1) In the event a loan agreement is concluded with the opposite contractual party, a credit service provider must verify that the opposite contractual party is the principal and deliver the loan agreement to the opposite contractual party, and have the opposite contractual party state a material fact in writing. Such writing can only be substituted by means of an authorized certificate or sound recording.
(Article 6(1) and Article 6-2(1) and (3) of the Act on Registration of Credit Business, etc. and Protection of Finance Users. (b)
The Plaintiff’s loan agreement of this case.