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(영문) 서울중앙지방법원 2015.09.17 2015가단64795
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion was leased KRW 5 million at the interest rate of 4.3% per annum from the Busan District Asset Savings Bank (hereinafter “Infinite Savings Bank”) that transferred his claim to the Defendant.

The Busan Savings Bank claims that it lent 5 million won to the Plaintiff at an annual interest rate of 39%, but the portion exceeding the interest rate of 4.3% per annum is not valid due to the deception of the Busan Savings Bank or the third party, or due to the disagreement between the Plaintiff and the Busan Savings Bank, which is the lending party, and the loan party.

2. According to the purport of each of the statements and arguments in Eul evidence Nos. 1 through 4 (including the paper number), the Plaintiff agreed to obtain a loan of KRW 5 million with the Busan Savings Bank on April 22, 2013, with the loan interest rate of KRW 38.9%. The Plaintiff agreed to obtain a loan of KRW 36 months and 5 million by means of equal installment repayment of principal and interest, and at the time of applying for the loan, the Plaintiff received KRW 5 million with the Plaintiff’s agricultural bank account in the automatic transfer account (number No. 2) on the same day.

(The entry of the loan application No. 1 in the loan agreement seems to have been written by the same person, including the loan interest rate). Any deception by the Busan Savings Bank or a third party was involved in the loan agreement above.

No evidence exists to deem that there was an disagreement between the parties to a loan agreement or between the parties to a loan agreement, so the same is also applicable when considering letters or a deposit transaction statement that the Plaintiff received as an employee of the Busan Savings Bank, which was submitted by the Plaintiff on September 11, 2015 after the closing of argument.

Unlike the above recognition, the plaintiff's assertion on the premise that an agreement was concluded by setting the loan interest rate as 4.3% per annum is without merit.

3. According to the conclusion, the plaintiff's claim is dismissed for lack of grounds.

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