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(영문) 춘천지방법원 2016.12.09 2015나7125
채무부존재확인
Text

1. The part concerning the principal lawsuit of the judgment of the court of first instance shall be revoked, and that of the plaintiff (Counterclaim defendant) corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. Around December 2012, B, a private village of the Plaintiff, requested the Plaintiff to temporarily open a number of 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 use the passbook in the Plaintiff’s name, who was unable to open an account necessary for the business of selling mobile phones on grounds of his/her own credit, etc.

In response to this, the Plaintiff lent to B a copy of identification card necessary for the establishment of a mobile phone, a passbook of the agricultural bank account opened in the name of the Plaintiff, and an authorized certificate, security card, etc. necessary for the Internet transaction.

B. B, on December 3, 2012, opened a mobile phone (C) in the Plaintiff’s name by forging and using a copy of the Plaintiff’s identification card and passbook and personal information such as the Plaintiff’s resident registration number, and arbitrarily using an application for subscription to a new contract for mobile phone services on December 3, 2012. On July 29, 2014, B applied for a loan by using an authorized certificate, security card, and mobile phone in the Plaintiff’s name to enter the Plaintiff’s information without authority, and was loaned KRW 3 million from the Defendant (29.2% of the loan interest rate, 34.9% of the overdue interest rate).

(hereinafter “instant loan”). C.

B due to the aforementioned criminal acts, etc., B joined the cases of Chuncheon District Court 2015Kadan417, 543 (Joint), 666 (Joint), 721 (Joint), and 775 (Joint) with regard to the forgery of private documents, the uttering of falsified documents, and fraud by using computers, etc.

The above court was prosecuted on August 27, 2015, and sentenced to imprisonment of one year and six months for B. The above judgment became final and conclusive on September 4, 2015.

On the other hand, as B fully pays the principal and interest under the instant loan contract to the Defendant, the principal and interest of the loan remaining at present is 2,742,288 won and the interest thereon from January 5, 2015.

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