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(영문) 전주지방법원남원지원 2017.06.07 2015가단10609
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of basic recognition;

A. On June 10, 2014, the Defendant received from Nonparty B a request from Nonparty B to the effect that “A guarantee is sought to purchase Accenta dump truck. In order to prevent any damage on the part of accenta dump truck, the Defendant changed a certificate of personal seal impression, resident registration certificate, and four copies of the personal seal impression in the name of the Defendant.” On the same day, the Defendant issued to B four copies of the personal seal impression and the personal seal impression.

B. B, on June 10, 2014, at the Central Agency of Dokdong, in Hyundai Motor Co., Ltd., in order to obtain an automobile installment loan from the Plaintiff, and to purchase a car, with a certificate of seal imprint and a certificate of seal imprint issued by the Defendant, as above, and the loan amount of KRW 35.5 million until June 10, 2016, the loan period of KRW 9.9% per annum, interest rate of KRW 9.9% per annum, interest rate of delay delay rate of KRW 24% per annum, and delivered it to the Plaintiff. Accordingly, the Plaintiff carried out the loan on the same day.

C. From June 12, 2014 to June 13, 2014, B entered the name and resident registration number, etc. of the Defendant in the name column of customer information and the deposit account name column of the instant loan application, which was delivered to the Plaintiff by the Do through the Do through the Do through the above Hyundai Motor Agency, and then delivered it to the Plaintiff’s employee.

On the other hand, as seen above, B was convicted of all the facts constituting the above crime on February 7, 2017, by means of fraud, fabrication of private documents, and uttering of a falsified document, such as making an application for the instant loan under the name of the Defendant without authority and obtaining a loan from the Plaintiff by using it (the judgment dismissing the appeal on April 28, 2017 was rendered on the grounds that the Defendant was convicted of all the facts constituting the above crime (the judgment of Jeonju District Court Branch 2016Ma224 and B led to the confession of all the facts constituting the crime in the above criminal trial).

(Reasons for Recognition), Gap evidence No. 1, and Eul evidence No. 1, respectively. (No. 2017No. 227)

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