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(영문) 부산지방법원 서부지원 2021.03.19 2020가단114861
양수금
Text

The defendant shall pay to the plaintiff KRW 63,875,112 and KRW 38,886,615 among them, per annum from August 8, 2020 to the day of full payment.

Reasons

1.1. Basic Facts

A. C Co., Ltd. (formerly changed its trade name to D)

On April 21, 2017, upon receipt of an application for a loan on the website of the aforementioned company under the name of the Defendant, Nonparty E bank received a resident registration abstract, health insurance qualification acquisition certificate, health and long-term health insurance premium payment certificate under the name of the Defendant after obtaining the applicant’s certification from the Defendant.

B. On April 27, 2017, Nonparty E entered into a credit loan agreement (Evidence A No. 1) with a loan amount of KRW 40,00,00,000 on April 27, 201, the loan period of KRW 72 months, and the interest rate of overdue interest rate of KRW 21.9% per annum in the name of the Defendant by means of an electronic signature using a certified certificate in the name of the Defendant, and remitted the loan to the Defendant’s Financial Deposit Account (hereinafter “the instant loan”).

On December 26, 2019, the non-party E bank transferred all the principal and interest claims of the instant loan and all all the incidental rights to the Plaintiff, and notified the Defendant of the transfer of the claim and delivered it to the Defendant at that time.

(d)

Of the principal and interest of the instant loan, the amount not repaid is KRW 63,875,112 as of August 7, 2020 (the principal and interest of KRW 38,886,615) (the interest of KRW 24,98,497).

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total sum of the principal and interest of the loan of this case and delayed damages as to the principal and interest of the loan of this case pursuant to the credit loan agreement prepared in relation to the loan of this case unless there are special circumstances.

3. Judgment on the defendant's defense

A. On March 30, 2017, the Defendant’s defenses had the Defendant’s identification card, cellular phone, passbook, etc. with the Defendant’s identification card, etc. for the purpose of subscribing to the insurance by a private person in charge of insurance design insurance as a result of soliciting him/her to subscribe to the insurance. G used this, thereby forging the Defendant’s credit loan agreement.

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