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(영문) 서울중앙지방법원 2018.01.18 2016가단158444
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 원고는 보험기간을 2013. 3. 13.부터 2024. 3. 13.까지로, 피보험자를 자녀 B, C으로 정하여 피고의 ‘무배당 굿앤굿어린이CI보험’에 가입한 보험계약자이다.

B. On August 4, 2014, the Defendant received an application for a loan with the Plaintiff as the applicant at the Defendant’s customer call center. The Defendant approved the application after obtaining confirmation on the applicant’s identity through the applicant’s name, address, mobile phone number and the account number for monthly payment of insurance premium, etc. Accordingly, the Defendant deposited KRW 880,000 with the loan interest rate of KRW 4.4% per annum as of March 13, 2024, and KRW 90,000 with the loan interest rate of KRW 3.9% per annum as of March 13, 2024.

(hereinafter) Each of the above loans and loans is “instant loan” and “instant loan” / [based on recognition]: the absence of dispute, Gap 10, 12, and 13, and Eul 1 through 5, respectively.

2. Summary of the parties' arguments

A. The Plaintiff’s assertion did not have applied for the instant loan, and E applied for the loan by gathering the Plaintiff’s name. As such, the instant loan is null and void due to E’s act of unauthorized representation.

E As an insurance solicitor, the Plaintiff, “it is necessary to open an account for the management of insurance policies subscribed by the Plaintiff,” deceivings the Plaintiff, thereby opening a Daegu Bank account under the name of the Plaintiff. The alteration contract for the change of mobile phone name in the name of the Plaintiff changed the name of the mobile phone subscriber used by himself/herself to the Plaintiff, and used it for identification necessary for the loan of this case.

Therefore, there is no obligation of the Plaintiff with respect to the instant loan to the Defendant.

B. The defendant's assertion is at the time of the instant loan.

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