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(영문) 서울중앙지방법원 2018.02.02 2017가단5106001
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. It is necessary to send the Plaintiff’s money to the Plaintiff, and the Plaintiff’s wife B, like the Plaintiff, opened a passbook in the name of the Plaintiff, and applied for electronic transaction, and obtained an authorized certificate.

The Plaintiff had the above passbook and the authorized certificate opened in the name of the Plaintiff, B.

B. B entered into a monetary loan agreement with the Defendants (a stock company is omitted as shown below) in the Plaintiff’s name by using the foregoing passbook, authorized certificate, etc. (hereinafter each of the instant loan agreements).

On January 13, 2015, KRW 3 million, KRW 7 million on February 25, 2015, 2015, KRW 6 million on April 22, 2015, KRW 5 million on July 28, 2016, KRW 5 million on July 28, 2016, KRW 3 million on January 19, 2015.

C. B linked to the Defendants’ Internet homepage, filed an application for the instant loan by means of digital signature using the Plaintiff’s authorized certificate. Upon obtaining the Defendants’ approval for the loan, the Defendants transferred each of the said loans to the Agricultural Cooperative Account in the name of the Plaintiff established as above.

당시 피고 미즈사랑대부는 원고가 발급받은 것으로 된 건강ㆍ장기요양보험료 납부확인서를 송부받고, 코리아크레딧뷰로의 ‘본인인증 송부서비스’를 이용하여 원고 명의 휴대전화로 본인인증을 받았다.

Defendant SBA Savings Bank obtained identification from the mobile phone name of the Plaintiff, received a copy of the Plaintiff’s license, and inquired about the authenticity of the license.

Along-term care insurance premium payment certificate and a long-term care insurance premium certificate issued by the Plaintiff are received from the Plaintiff’s license, and the Plaintiff received a copy of the Plaintiff’s license.

E. B, as above, on November 30, 2017, on the ground that the Internet loan agreement was forged and received each of the instant loans, the Suwon District Court Decision 2017DaMa2619 decided Nov. 30, 2017, which was punished by a fine of five million won.

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