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(영문) 서울중앙지방법원 2016.03.23 2015가단163753
채무부존재확인
Text

1. The Plaintiff’s loans to Hyundai Savings Bank Co., Ltd. amounting to KRW 2,00,000 on July 17, 2013 and Defendant Industrial Complex loans amounting to KRW 2,00,00.

Reasons

1. Basic facts

A. On July 17, 2013 in the name of the Plaintiff using the certified digital signature form under the Plaintiff’s name, a credit transaction agreement (hereinafter “instant credit transaction agreement”) with Defendant Hyundai Savings Bank Co., Ltd. (hereinafter “On-site Savings Bank”) was concluded in the form of electronic document and the Defendant Hyundai Savings Bank transferred KRW 2 million to the Agricultural Cooperative Account (B) account in the name of the Plaintiff on the same day. Customer name: The Plaintiff’s loan amount: 2 million won maturity: interest rate on July 17, 2016: 34.9% per annum and 38% per annum.

B. On August 5, 2013, the Plaintiff entered into a monetary loan agreement (hereinafter “money loan agreement of this case”) with Defendant Busan and a loan company (hereinafter “Industrial”) with the following terms and conditions. On the same day, Defendant Mountain and a loan transferred KRW 3 million to the said account in the Plaintiff’s name pursuant to the monetary loan agreement of this case.

Creditors: The amount of loan extended by the Plaintiff: The date when the contract expires: The repayment rate of KRW 180,000 on August 3, 2015: The 1st day of each month: The rate of interest on the equal repayment of principal and interest and the overdue interest rate of KRW 180,00: 36.5% per annum (0.1% per day): A 36.5% per annum (based on recognition) 1, A’s evidence 1, 2, and 3’s evidence 1, and the whole purport of pleadings.

2. Assertion and determination

A. 1) The plaintiff's assertion 1) The plaintiff's allegation that middle school-friendly C will possess the plaintiff's driver's license on April 2013 and opened the above account under the plaintiff's name by stealing the plaintiff's name, and entered into the credit transaction agreement and a monetary loan contract of this case with the defendants by stealing the plaintiff's name. Since there are no obligations under the credit transaction agreement of this case against the defendant Hyundai Savings Bank and obligations under the monetary loan contract of this case against the defendant Hyundai Savings Bank, the plaintiff's allegation that there is no non-existence of such obligations is sought. 2) The defendant Hyundai Savings Bank, the plaintiff's assertion of the defendants, and the plaintiff's name.

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