beta
Text
1. Loan cases of the Seoul Central District Court 2013j. 13193 against the Plaintiff of Busan Central District Court.
Reasons
1. Basic facts
A. On January 2013, Industrial Complex Loan Co., Ltd. (hereinafter “Industrial Complex Loan”) entered into a monetary loan agreement (hereinafter “the instant loan agreement”) on April 26, 2012, and applied for a payment order seeking the remainder of the loan principal amount of KRW 4,728,765 and delayed payment damages therefor to the Plaintiff on the ground that the Plaintiff did not repay the loan amount of KRW 5 million. On January 23, 2013, the payment order (hereinafter “instant payment order”) was issued as Seoul Central District Court Order 2013 tea13 and 13193, and the said payment order became final and conclusive on February 22, 2013.
B. After that, on December 26, 2013, the Defendant acquired the claim against the Plaintiff for the loan of this case from mountain village loan from mountain village loan loan, and received an execution clause succeeding to the above payment order.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3
2. Plaintiff’s assertion and judgment
A. The plaintiff alleged that there was no receipt of the instant loan from the Busan High School loan, and that the instant loan was obtained by misappropriation of the plaintiff's name, which is the plaintiff Eul, and therefore, the compulsory execution based on the payment order of this case should be denied.
B. As to whether the instant loan contract was genuine between the Plaintiff and the Plaintiff and the Plaintiff, the Defendant stated that the said agreement was sent to the loan in advance by mail and that it cannot be known whether the said agreement was made. However, there is no evidence to deem that the said agreement was made by the Plaintiff or the Plaintiff, and it is insufficient to recognize that the said agreement was concluded with the Plaintiff or the Plaintiff’s agent on the sole basis of each of the documents No. 1 and No. 3, which were the documents submitted at the time of the instant loan contract, and the documents No. 1 and No. 3, which were documents submitted at the time of the instant loan contract.