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(영문) 서울중앙지방법원 2014.04.08 2013가합506742
채무부존재확인
Text

1. A loan for consumption with money on January 8, 2009 by the Plaintiff (Counterclaim Defendant) against D Bank Co., Ltd.

Reasons

1. Summary of the parties' arguments

A. The plaintiffs asserted that they did not enter into a loan contract as alleged by the defendant with D Bank Co., Ltd. (hereinafter "SaB"), and there was a statement that the plaintiffs issued a loan-related document to E employees of the above bank in around 2008 under the name of confirming whether the above bank is possible to grant a loan. The above bank's employees under the direction of F of F of the above bank have forged each credit transaction agreement in the names of the plaintiffs by using it.

Therefore, since each of the loans owed by the plaintiffs against the non-party bank does not exist, it is sought to confirm that each of the loans does not exist within the limit of 50 million won as a partial claim.

B. The Defendant’s assertion that the Nonparty bank entered into a credit transaction agreement with the Plaintiff A on January 7, 2009, with the credit limit of KRW 7.1 billion, the date of expiry of the credit, the interest rate of KRW 12% per annum on July 7, 2009, and the damages for delay rate of KRW 25% per annum (hereinafter “first loan agreement”). ② The Plaintiff B and the Plaintiff entered into a credit transaction agreement with the Plaintiff on January 30, 2009, with the credit limit of KRW 3.2 billion per annum, the expiration date of the credit amount of KRW 3.2 billion per annum, the interest rate of KRW 12% per annum, and the damages for delay per annum 25% per annum (hereinafter “second loan agreement”); and ③ the Plaintiff and the Plaintiff enter into a credit transaction agreement with the Plaintiff C on June 23, 2008, with the credit limit of KRW 300 million per annum on June 23, 2008, interest rate of KRW 25% per annum.

(hereinafter referred to as “third loan contract” and “the instant loan contract” collectively referred to as the above loan contract). Each of the above loan transaction agreements is valid since it was made by delegation from the plaintiffs, even if the plaintiffs directly prepared or did not so.

The non-party bank paid KRW 7 billion to the plaintiff A, KRW 3.2 billion to the plaintiff B, and KRW 280 million to the plaintiff C in accordance with each of the above loan agreements. However, the plaintiff A was on August 24, 201; the plaintiff B was on September 25, 2010; and the plaintiff C was on August 25, 201.

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