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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff agreed to receive the loans from B and B as its passbook and deliver them to B.
After only a simple telephone conversation with the Plaintiff, the Defendant wired KRW 21 million to the Plaintiff’s account in the name of the Plaintiff, and the Plaintiff delivered this to B.
Nevertheless, since the defendant collects loans from the plaintiff, the defendant seeks confirmation of the non-existence of the loan obligation.
2. Comprehensively taking account of the following facts acknowledged by the evidence Nos. 1 through 7 of the judgment, the Plaintiff delegated the right to receive a loan under the Plaintiff’s name to the Plaintiff, or confirmed the declaration of intent to apply for a loan under the Plaintiff’s name on October 20, 2014, and thus, the Plaintiff bears the Defendant’s obligation to pay a loan on October 20, 2014.
o On October 17, 2014, the Plaintiff applied for a loan of KRW 21 million via the Internet under the name of the Plaintiff. At the time of o, the Defendant confirmed by the consent of the Plaintiff’s credit information under the name of the Plaintiff that: (a) the Defendant used a phone to verify the intent of the loan to the Plaintiff on October 20, 2014; and (b) at the time, the Plaintiff confirmed that the loan of KRW 21 million was granted to the Plaintiff.
3. The Plaintiff’s claim is rejected.