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(영문) 인천지방법원 2016.07.20 2015가단243216
채무부존재확인
Text

1. The Plaintiff’s damage liability 8,000 pertaining to the case in the separate sheet against the Defendant Woori Bank Co., Ltd.

Reasons

1. Facts of recognition;

A. On January 23, 2015, the Plaintiff entered into a lease agreement with Nonparty B and Bupyeong-gu Incheon, Bupyeong-gu, Incheon, with respect to the lease deposit of KRW 120 million, and the term of the contract is from January 30, 2015 to January 29, 2017; the down payment of KRW 10 million; the remainder KRW 110 million; and the remainder payment of KRW 100 million; and the remainder payment of KRW 100 million; and the remainder payment of KRW 604, Jan. 30, 2015.

B. At the time of concluding a contract, B did not actually pay the Plaintiff the down payment of KRW 10 million, but the Plaintiff’s name was written in the column of the recipient of the down payment and affixed a seal.

C. On January 27, 2015, “B” entered into a contract with Defendant Woori Bank to obtain a loan of KRW 80 million as “B’s team title loan” for the payment of the deposit money for the instant real estate from the Defendant Woori Bank. Defendant Woori Bank requested Nonparty Woori Credit Information Co., Ltd. to verify the authenticity of the lease agreement on the instant real estate. On January 27, 2015, the said Korean Credit Information Co., Ltd.’s employees D directly confirm the Plaintiff as to whether he/she was the Plaintiff or the Plaintiff, confirm the original of the lease agreement, and confirm the authenticity of the lease agreement on the instant real estate in the manner that the Plaintiff received the confirmation document of the lease agreement from the Plaintiff.

On January 30, 2015, Defendant Woori Bank, as the execution of the above loan contract, remitted 80 million won directly to the Plaintiff’s Nonghyup Bank account, and on the same day B demanded the cancellation of the contract with the Plaintiff not remaining remainder. The Plaintiff received a receipt from the Defendant to the effect that “the Plaintiff renounced the lease contract for the instant real estate and received full refund of KRW 80 million and the down payment and KRW 10 million from the Defendant Woori Bank,” and then withdrawn 80 million as a fake check.

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