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(영문) 서울중앙지방법원 2015.12.10 2015가단29853
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 28, 2009, the Plaintiff entered into a loan agreement with the Defendant on the lending limit of KRW 100,000,000, and the expiration date of the lending term as of August 28, 2009 (hereinafter “instant loan agreement”) and borrowed KRW 99,480,000 on the date of entering into the instant loan agreement.

[Reasons for Recognition] A.4-1, 4-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the loan agreement in this case is null and void as a false declaration of conspiracy, and there is no obligation of the loan, since the Plaintiff only lent the name with the Defendant only, and the person who actually entered into the loan agreement in this case with the Defendant is the Plaintiff, and the Defendant is also aware of such fact.

However, there is no evidence to prove the above facts of the plaintiff's assertion. Therefore, the plaintiff's above assertion is without merit.

B. The Plaintiff asserts that, although he/she is a nominal debtor under the instant loan agreement, he/she did not directly receive the loan, and that there is no debt for the loan since he/she did not purchase an actual house.

However, even if the Plaintiff did not directly receive a loan and did not actually purchase a house, as long as the Plaintiff was a party to the loan agreement of this case, the Plaintiff is responsible for the repayment of loan. Therefore, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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