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(영문) 서울중앙지방법원 2018.12.13 2018가단5090745
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around December 2012, C, which is the Plaintiff’s private village, operated a sales store of D’s mobile phone from Chuncheon City, requested the Plaintiff to temporarily open multiple mobile phones in the Plaintiff’s name in order to raise his/her opening performance of his/her mobile phone, and requested the Plaintiff to allow his/her mobile phone sales business to use the passbook in the Plaintiff’s name.

In response to C’s request, the Plaintiff lent C a copy of identification card necessary for the establishment of a mobile phone, a passbook of E Union account opened in the name of the Plaintiff, and a security card necessary for the Internet transaction in the above account.

B. C applied for a loan by means of inputting the Plaintiff’s identification card and passbook’s personal information, such as the Plaintiff’s resident registration number, and inputting the Defendant’s Internet site by accessing the Defendant’s Internet site at the D office to the computers located therein, and inputting the entry related to the loan application by pretending that the Plaintiff was the Plaintiff.

Since C had a bad credit standing, at the time, applied for a loan under the name of the Plaintiff, and did not receive the consent from the Plaintiff.

C applied for a loan in the above manner to the Defendant, and made a credit transaction agreement with the Defendant and the Plaintiff (hereinafter “instant loan”) by setting the credit limit amount of 11,01,473 won in the name of the Defendant and the Plaintiff, from August 7, 2014 to August 7, 2019, at 29.9% per annum from August 7, 2014 to the expiration date of the interest rate (hereinafter “instant loan”).

C. The letter of credit transaction regarding the instant loan was signed on August 11, 2014 by using an authorized certificate issued in the name of the Plaintiff.

The term of validity of an authorized certificate used in digital signature is from July 4, 2014 to July 4, 2015.

On August 7, 2014, the Defendant transferred and paid KRW 8,000,50,000 to the EUnion account in the name of the Plaintiff.

E. C is a crime of forging private documents, uttering of a falsified document, and fraud by using computers, etc. due to the above criminal acts, etc.

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