logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2017.06.14 2016가단3294
채무부존재확인
Text

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

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

Reasons

1. The following facts may be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 3 to 9 (including each number; hereinafter the same shall apply):

On September 22, 2003, the Plaintiff reported marriage with C on September 2, 2003, and married to the husband and wife on September 12, 2016.

B. On November 16, 2015, C: (a) stated the Plaintiff’s name, “general loan” in the column of credit loan, and “20 million won” in the column of credit amount; (b) forged a credit transaction agreement in the name of the Plaintiff; and (c) delivered the said credit transaction agreement to the Defendant’s employees who are not aware of the forgery, as if it was a document duly formed.

C. On October 5, 2016, C received a summary order of KRW 3 million (Seoul District Court Decision 2016 High Court Decision 201Da1709, Jun. 1, 2016), and the said summary order became final and conclusive as it is, for the crime of forging the above private documents and uttering of the above private documents.

The Defendant wired KRW 20 million to the Plaintiff’s account on November 17, 2015 pursuant to the foregoing credit transaction agreement (hereinafter “the instant loan agreement”). On November 18, 2015, the Defendant: (a) transferred the instant automobile listed in the separate sheet, owned by the Plaintiff (hereinafter “instant automobile”); (b) KRW 20 million to the maximum debt amount; and (c) below the registration of creation of a mortgage near the Plaintiff’s establishment of a mortgage to the Plaintiff.

The court completed the proceedings.

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff’s wife (the wife C) concluded the instant loan agreement with the Defendant on November 17, 2015 by stealing the name of the Plaintiff without obtaining any power of representation from the Plaintiff, and accordingly, borrowed KRW 20 million from the Defendant and secured the obligation to return the said loan.

arrow