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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 21, 2016, between the Plaintiff and Defendant Eff Capital Co., Ltd. (hereinafter “Defendant Eff Capital”), each of the instant contracts (hereinafter “each of the instant contracts”) signed between the Plaintiff and Defendant Eff Capital Co., Ltd. (hereinafter “Defendant Eff Capital”).
The contents of each contract are as follows: (a) the Plaintiff purchased used cars in the name of the Plaintiff; (b) offered them as security to Defendant Effic Capital; and (c) borrowed KRW 41,00,000 from Defendant Effic Capital; and (d) repaid it over 36 months.
Each contract is accompanied by the Plaintiff’s certificate of personal seal impression issued on the above date, the Plaintiff’s power prepared on the same date, and a certified copy of resident registration issued on October 17, 2016.
B. The Plaintiff written the remainder (personal information, settlement information, and name description) of the loan application, excluding the contract number and the part on which the contract date is written, in its own form.
In addition, among the above loan agreement, the “private millions” portion of the normal loan column and the “A” portion of the information on joint contractors and joint and several sureties, the loan applicant column was written in its own pen.
In addition, the part of the “A” column of the above power of attorney was written in writing.
C. On October 21, 2016, Defendant Filichi Capital’s employees sent phone calls to the Plaintiff and notified the Plaintiff of the above loan agreement and its contents, and confirmed the Plaintiff’s intent to apply for the loan.
한편 피고 효성캐피탈은 이 사건 각 계약서 작성 및 제출 업무를 피고 효성캐피탈의 대출중개인 피고 스마트할부금융 주식회사(이하 ‘피고 스마트할부금융’이라고 한다)에 위임하여 피고 스마트할부�융에서 이 사건 각 계약서를 제출받았다
In the case of Defendant Loh Capital, he stated that he was a loan broker, and Defendant Smart Capital recognized that he was the broker of the loan in this case.