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(영문) 전주지방법원군산지원 2016.04.19 2015가단53204
채무부존재확인
Text

1. The principal under the contract for a loan for consumption on May 8, 2014 by the Plaintiff (Counterclaim Defendant) against the Republic of Korea is KRW 3,280,000.

Reasons

Basic Facts

On January 13, 2004, the Plaintiff concluded an insurance contract with Defendant Alannan sports and paid the premium accordingly.

According to the above insurance contract, the contractor may obtain a loan from the defendant Alan-Saz within the scope of the refund for cancellation of the insurance contract.

Such loans are “a standardized contract loan”.

B on April 28, 2014, the Plaintiff’s resident registration number, securities number, and password were applied for a loan of KRW 5 million by inputting the Plaintiff’s resident registration number, securities number, and password through the automatic response system of Defendant Alannz. The Defendant Alanz deposited KRW 4,979,430 in the Plaintiff’s account as a loan of the said terms and conditions.

(2) On April 19, 2005, the Plaintiff concluded two contracts through a post office, an administrative agency of the Defendant Republic of Korea.

The insurance contract entered into with a post office was also set up a procedure for lending terms and conditions to customers.

B on May 8, 2014, the post office provided the Plaintiff’s personal information by telephone to the financial customer center of the post office, and applied for the Plaintiff’s terms and conditions loan of KRW 3,280,000 under the Plaintiff’s name. The post office confirmed the Plaintiff’s personal information provided by B, and paid KRW 3,280,000 to the Plaintiff’s account via the Plaintiff’s mobile phone verification procedure.

(2) The court below found the Defendants guilty on January 21, 2015, on the following grounds: (a) B, without the Plaintiff’s delegation or consent; (b) the Defendant’s lender, etc. were indicted as to the facts constituting a crime of fraud under the name of the Plaintiff; and (c) the court rendered a judgment of conviction on January 21, 2015, on the ground that the above facts constituting a crime of fraud under B’s name constituted a crime of fraud; and (d) the appellate court (the Jeonju District Court 2015No142) also rendered on June 19, 2015.

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