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(영문) 부산지방법원 2017.10.24 2017가단20506
채무부존재확인
Text

1. On April 16, 2014, the Plaintiff’s and Defendant well-dying Loans Co., Ltd. based on a monetary loan agreement for consumption concluded on April 16, 2014.

Reasons

1. The following facts are found as follows: (a) between the Plaintiff and Defendant well-dying Loan Co., Ltd., pursuant to Article 150(3) and Article 150(1) of the Civil Procedure Act, the Defendant’s confession was deemed to have been made; and (b) between the Plaintiff and Defendant well-dying Savings Bank and the Plaintiff, taking into account the overall purport of the pleadings, the entire purport of the pleadings may be acknowledged.

On June 19, 2003, the plaintiff was the former husband of B who was divorced on June 19, 2003, and around 2012, the plaintiff allowed B to obtain a loan under the name of the plaintiff, and the head of his national bank and the driver's license and other documents related to loans were

B. C took advantage of the Plaintiff’s passbook and the driver’s license of a motor vehicle, etc., which was provided by the Plaintiff who was in a relationship with B on June 1, 2012, and was loaned KRW 5 million from Defendant well-known Loan Co., Ltd. (hereinafter “Defendant Loan Company”) in the Plaintiff’s name with B.

C. C is under contact with the Plaintiff that the said loan may be extended by additional loan, and, using the Plaintiff’s passbook and the Plaintiff’s driver’s license, ① forged a loan transaction agreement of KRW 6 million to the Defendant lending company in the name of the Plaintiff on April 16, 2014, and subsequently, transferred the loan from the Defendant lending company in the name of the Plaintiff (hereinafter “instant loan”). ② The Plaintiff’s name forged a loan agreement of KRW 15 million to the Defendant LAB Savings Bank Co., Ltd. (hereinafter “Defendant Savings Bank”) and received the loan from the Defendant Savings Bank on December 17, 2014 by exercising the said agreement.

(hereinafter “the instant loans”) D. D. on December 17, 2014

C was charged with summary facts, such as fraud and fabrication of private documents, by Busan District Court Decision 2017 High Court Decision 6620, and the above court issued a summary order of KRW 5 million on August 29, 2017.

2. According to the above facts, loans from April 16, 2014 and loans from December 17, 2014.

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