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(영문) 서울중앙지방법원 2016.09.07 2016나22508
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 6,440.

Reasons

1. Facts of recognition;

A. B is necessary to find employment with the Defendant, and was issued by the Defendant upon requesting the Defendant’s identification card, resident registration abstract, health insurance qualification acquisition certificate, passbook and passbook transaction details under the Defendant’s name.

B. B, without obtaining the Defendant’s permission on December 30, 2014, based on the above identification card, resident registration abstract, health insurance eligibility acquisition certificate, passbook, etc., issued by the Defendant, and as if the Defendant were the Defendant, B was pretended to be the Defendant, and was given loans from the Plaintiff on a fixed basis as of December 30, 2017 (hereinafter “instant loans”).

C. The instant loan was due to overdue interest, and the remainder of the principal and interest of the instant loan as of July 7, 2015 is KRW 6,440,902 (the principal and interest of which are 5,725,738).

On June 8, 2016, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff. On July 1, 2016, the Plaintiff’s Intervenor notified the Defendant of the assignment of claims on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including virtual number), and Eul evidence No. 4, the purport of the whole pleadings

2. After the judgment of the court of first instance rendered on the Plaintiff’s claim, the Plaintiff lost its right by transferring the instant loan claims to the Intervenor succeeding to the Plaintiff, and thus, the Plaintiff’s claim is without merit.

(A) On March 3, 200, the plaintiff filed an application for withdrawal after the participation of the plaintiff succeeding intervenor, but the defendant did not obtain the defendant's consent, and thus the withdrawal does not become effective).

A. The Plaintiff’s succeeding intervenor asserts that the Defendant directly concluded the instant loan agreement or concluded the instant loan agreement on behalf of the Defendant, and thus, the Plaintiff’s succeeding intervenor is obligated to pay the principal and interest of the instant loan to the Plaintiff’s succeeding intervenor.

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