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(영문) 서울중앙지방법원 2017.11.30 2016가단5103937
채무부존재확인
Text

1. Between limited ward A and Defendant Eth-Friendly Savings Bank Co., Ltd. on December 29, 2015: 5,000.

Reasons

1. Basic facts

A. A limited ward A is a person with disabilities registered as Grade III intellectual disability in accordance with Article 32 of the Act on Welfare of Persons with Disabilities on December 26, 2011.

B. On December 29, 2015, A entered into a loan agreement with Defendant JT-Friendly Savings Bank Co., Ltd. (hereinafter “Defendant JT-Friendly Savings Bank”); the loan amount of KRW 5,00,000; the loan period of KRW 48 months; the interest rate of KRW 29.20 per annum; and the overdue interest rate of KRW 34.90 per annum; and Defendant JT-Friendly Savings Bank confirmed that Defendant JT-Friendly Savings Bank’s application for the loan was made through the Internet, and confirmed its identity with a digital signature via an authorized certificate.

C. On December 31, 2015, A entered into a loan agreement with Defendant SBI Savings Bank (hereinafter “Defendant SBI Savings Bank”), with each of the (workplace) lending amounting to KRW 17,000,000, interest rate of 12 months, interest rate of 34.8% per annum, and overdue interest rate of 34.9% per annum. The said loan was made through the process of “deposit of an authorized electronic signature loan by the applicant for a monetary loan with the telephone number of the relevant documents, including the receipt of a written application for a loan through the Internet homepage and the written confirmation of payment of health insurance premiums, etc.”

B.C.

Each loan was deposited in the bank account in the name of A according to each loan contract described in the paragraph, and C received the passbook and cash card from A, and C withdrawn the loan in full.

Accordingly, on January 14, 2016, A filed a complaint against C in fraud, and C filed a false complaint with A on December 24, 2015, stating that “A wishes to engage in scke business, and divide profits from investment in Ncke business. To purchase sckes, the need to obtain money and obtain loans in four names, and the request for an annual identification card to be used as investment funds.” However, the fact did not think of the business and received a loan under A’s name.

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