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(영문) 서울중앙지방법원 2020.06.17 2019가단31823
채무부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 21, 2016, the Defendant concluded a credit transaction agreement with the effect that “a loan of KRW 3 million to the Plaintiff” in a non-faced method.

(hereinafter referred to as the “instant loan” and the said credit transaction agreement is referred to as the “instant contract”). B.

Upon entering into the instant contract on September 20, 2016, the Defendant certified that the applicant for the loan was the Plaintiff himself/herself, and deposited KRW 3 million with the Plaintiff’s account on September 21, 2016. On October 11, 2016, the Defendant re-certified that the applicant for the loan was the Plaintiff himself/herself by using an authorized certificate.

C. After a long period of time, the Plaintiff paid the Defendant the interest and principal of the instant loan.

[Reasons for Recognition: Facts without dispute, entry of evidence Nos. 1, 2 and 3, and purport of the whole pleadings]

2. As seen earlier, in light of the fact that the Defendant entered into the instant contract on September 21, 2016, and around that time, the applicant certified the Plaintiff himself/herself and deposited the loan in the Plaintiff’s name with a mobile phone and an authorized certificate, and that the Plaintiff paid the principal and interest of the instant loan for a long time thereafter, the instant contract appears to have been concluded by the Plaintiff.

Therefore, the Plaintiff is liable to pay the Defendant the balance of the instant loan, barring special circumstances.

Inasmuch as the Plaintiff asserted that C had concluded the instant contract by stealing using the Plaintiff’s name by stealing the Plaintiff’s name, it can be acknowledged that the Plaintiff filed a complaint with the investigative agency on November 13, 2018 with the purport that “C borrowed KRW 3 million from the Defendant by stealing the Plaintiff’s name and borrowed street loans from the Defendant, and caused the Plaintiff to pay interest equivalent to KRW 4.2 million on behalf of the Plaintiff.” However, it is recognized that C followed the said recognition and entered into the instant contract in the Plaintiff’s name without the Plaintiff’s consent.

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