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(영문) 대전지방법원 2014.08.27 2013가단35006
채무부존재확인
Text

1. On March 19, 2012, the Plaintiff’s loans to Defendant Live Capital Co., Ltd. based on the monetary loan agreement concluded on March 19, 200.

Reasons

1. Determination as to the claim against Defendant Live Capital Loans

A. According to the evidence No. 2-3 and evidence No. 5 of the judgment as to the cause of the claim, the loans extended KRW 5 million in the name of the plaintiff on March 19, 2012, and the above loans extended by B to the above defendant's brokerage office without the plaintiff's consent or permission. Thus, the above loans used by B to appropriate the plaintiff's name in the name of the plaintiff, and barring any special circumstance, there is no obligation of KRW 5 million in the above loans to the above defendant against the above defendant, and there is a benefit of confirmation.

B. The above defendant's assertion and judgment (1) (1) the above loan was made online loan, and the above loan was made. The documents submitted through the Internet and facsimile are confirmed, and all necessary matters for the loan review are confirmed after the loan was made in the name of the plaintiff himself/herself by means of personal identification, credit card in the name of the lender himself/herself, etc., or the loan was made after confirmation. When the loan was finally decided, the loan was made, the loan was made in the name of the plaintiff. The loan was made lawfully with the above defendant or at least by providing documents and bankbooks necessary for the loan to B, or the plaintiff concluded the loan contract by granting the right of representation. The loan contract was made by presenting the identification card, resident registration card, resident registration card, bankbook, value-added tax base certificate, agricultural bank account transaction statement, physical card, and security card to the plaintiff, and the defendant granted comprehensive power of representation on the loan by providing all necessary documents and security card necessary for the loan to the plaintiff B through the above documents. Thus, the above loan contract was concluded by an expression agent under Article 126 of the Civil Act.

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