logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.04.20 2015가단102026
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant),

A. On January 14, 2014, Defendant Cheongju Savings Bank

Reasons

1. Determination as to the cause of the claim against the Defendant Cheongju Savings Bank

A. According to Gap's evidence Nos. 1, 6, 9 through 13, and Eul's evidence Nos. 1 through 13, and witness Eul's testimony, on January 11, 2014, the plaintiff's mother C applied for a loan by using the plaintiff's authorized certificate under the plaintiff's name on the Internet homepage of the defendant Cheongju Savings Bank, and forged the plaintiff's attached interest and person with parental authority, and then forged a letter of commitment to comply with the plaintiff's lending consent and use (Evidence No. 12) and then provides the plaintiff's resident registration, abstract, and family relation certificate, and a copy of his identification card to the defendant Cheongju Savings Bank, Inc., the defendant Cheongju Savings Bank with the consent of its subscription on January 14, 2014. Accordingly, it can be acknowledged that C borrowed KRW 5 million from the defendant Cheongju Savings Bank.

Defendant Cheong Savings Bank Co., Ltd. granted C the right of representation to file an application for the above loan.

However, even if it is based on all evidence submitted by the Cheongju Savings Bank, Defendant Cheongju Co., Ltd., the validity of the above loan transaction agreement is insufficient and there is no other evidence.

B. Therefore, there is no obligation under the Plaintiff’s monetary loan agreement on January 14, 2014 to the Cheongju Savings Bank Co., Ltd.

The above defendant is dissatisfied with this and there is a benefit of confirmation.

2. Determination on the cause of the claim against the Defendant Han Savings Bank

A. According to Gap evidence Nos. 1, 6, 9 through 13, Eul evidence Nos. 1 through 7 and witness Eul's testimony, Eul's mother C applied for a loan using the plaintiff's authorized certificate in the name of the plaintiff on the Internet homepage of Korea Savings Bank Co., Ltd., and then, the plaintiff's father and the person with parental authority must comply with the loan agreement and purpose of use under Eul's name (Evidence No. 7).

arrow