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(영문) 서울중앙지방법원 2019.10.23 2017가단5100409
채무부존재확인
Text

1. Defendants E and F shall be jointly and severally and severally against the Plaintiff (Counterclaim Defendant) for KRW 39,00,000,000 and its mid-term KRW 20,000,000.

Reasons

1. Basic facts

A. Defendant E and F conspired with the Plaintiff on March 3, 2017, even though the fact is that the Plaintiff’s loan was implemented under the Plaintiff’s name, Defendant E and F, even though they were to receive the loan, her fly fly fly fly, “I would have received the loan instead of the loan, so the Plaintiff would not receive the loan.” Defendant F would be fly transferred to the Plaintiff’s account in the Plaintiff’s name on the same day, “I would have received the loan by proxy, and would have received the loan by proxy, and if I would not transfer the loan by proxy to E, within three days.” Accordingly, Defendant E and C (hereinafter, Defendant B) received the loan from the Plaintiff on March 6, 2017 to the Plaintiff’s account in the Plaintiff’s name on the same day.

B. Defendant F was sentenced to imprisonment for 4 months and 2 years of suspended execution in the Seoul Eastern District Court Decision 2018 Godan2787 Fraudulent case on January 31, 2019 due to the criminal facts identical to the above A, and the above judgment became final and conclusive around that time.

C. Each of the instant loan contracts (1) The Plaintiff entered into a loan contract with Defendant B with each of the following terms: (a) on March 6, 2017, the loan amount of KRW 20,000,000 per annum; (b) interest rate of KRW 27.9% per annum; and (c) interest rate of overdue interest rate of KRW 27.9% per annum; and (b) on June 8, 2020, the repayment method was set at KRW 80,000 per annum of the principal and interest equal installment repayment; (c) the agreed repayment date; (d) the Plaintiff submitted a copy of his identification card; (d) the certified resident registration abstract issued by the principal; and (e) the payment certificate of health and long-term care insurance premium; and (e) notified Defendant F of the Plaintiff’s personal identification number of KRW 20,00,00

(2) On the same day, the Plaintiff filed an application for a loan with Defendant C by verifying himself by means of an authorized certificate, and applied for a loan of KRW 19,00,000, annual interest rate of loan 17.9%, and annual interest rate of KRW 27.0.

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