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Reasons
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(영문) 서울중앙지방법원 2017.01.25 2016가단52058
채무부존재확인
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 15, 2016, Defendant A case Savings Bank and the Plaintiff entered into a monetary loan agreement with a fixed amount of KRW 25 million as loans, KRW 48 months during the lending period, interest rate of 22.9% per annum, and interest rate of 22.9% per annum. The Defendant, on the same day, remitted KRW 25 million to the Agricultural Cooperative Account (35610915843, hereinafter the same) in the name of the Plaintiff.

B. On January 4, 2016, the Defendant New Savings Bank and the Plaintiff entered into a monetary loan agreement with 20,000 won of loans, 60 months of loans, interest rate of 21.9% per annum. On the same day, the said Defendant transferred KRW 7,105,609 of loans to the relevant financial institution to repay the principal and interest of loans to the Plaintiff’s Red Code, and transferred the remainder of KRW 12,894,391 to the Plaintiff’s Agricultural Cooperative Account.

C. On December 28, 2015, Defendant KF Savings Bank and the Plaintiff entered into a monetary loan agreement with the amount of KRW 9 million loan amounting to KRW 36 million, the loan period of KRW 36 months, and interest rate of 16.9% per annum. On the same day, the said Defendant wired KRW 9 million to the Plaintiff’s agricultural bank account.

Each of the above monetary loan agreements is a non-face loan, and a loan was implemented with digital signature through an authorized certificate in the name of the plaintiff.

[Ground of recognition] Evidence No. 2, Evidence No. 6-1, Evidence No. 6-1, Evidence No. 7, Evidence No. 1, Evidence No. 5-1, 2, Evidence No. 6, Evidence No. 1 and 2, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. 1) The plaintiff's assertion B brought the plaintiff's driver's license and the certified copy and abstract of resident registration to obtain the plaintiff's licence, and entered into a monetary loan agreement with the defendants as above. The plaintiff does not bear a loan obligation against the defendants. 2) The defendants' assertion made a monetary loan agreement with the plaintiff and actually lent money to the plaintiff. Thus, the plaintiff is the defendants.

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