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(영문) 서울중앙지방법원 2016.07.22 2016나15180
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. Around July 2012, the Defendant: (a) received a request from the Defendant-friendly B to request the issuance of a passbook under the Defendant’s name as a bad credit holder; and (b) issued a passbook under the Defendant’s name and issued it to B; and (c) from around 2004, B used a mobile phone under the Defendant’s name; (d) around June 2012, the Defendant sent a copy of the Defendant’s resident registration certificate by facsimile upon receipt of a request from B to request that a copy of the identification card be needed to change the device; and (e) around April 2013, the Defendant sent a copy of the Defendant’s resident registration certificate by facsimile.

B. On May 2, 2013, B applied for a loan of KRW 3,00,00 in the name of the Defendant by submitting the passbook account and security card under the name of the Defendant online. 2) B filed a report on the applicant’s mobile phone number with the contact address at the time of the application for the loan, and upon receipt of the Plaintiff’s telephone from the above mobile phone, confirmed that he/she was the Defendant and the Defendant applied for the loan of this case. Meanwhile, the Plaintiff submitted to the Plaintiff a copy of the Defendant’s resident registration certificate, a certified copy and abstract of resident registration, a certificate of eligibility for health insurance, a written confirmation of eligibility for health insurance, and a copy of our bank entry and departure statement, and a copy of our bank passbook

3) Accordingly, the Plaintiff accepted the above loan application and set 3,00,000 won at 60 months of the loan period, interest rate, and 39% of the overdue interest rate, respectively, and deposited 3,000,000 won in the bank account in the name of the Defendant submitted by B (hereinafter the above loan agreement).

(c) B’s criminal punishment and related civil litigation, etc. (1) B is a total of 11 loans or credit card companies from August 2012 to May 2013.

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