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(영문) 서울중앙지방법원 2018.02.07 2016가단5163786
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Under the Plaintiff’s name, each of the following loan agreements was concluded with the Defendants.

1) On November 18, 2015, a loan transaction agreement was concluded between Defendant Barn Capital with a loan of KRW 20 million and KRW 60 million in the form of an electronic document. Accordingly, Defendant Barn Capital wired KRW 20 million to the bank account in the name of the Plaintiff on the same day (as of June 20, 2016, the balance of the loan is KRW 18,921,111.

hereinafter referred to as “instant First Loan”

(2) On December 31, 2015, a loan transaction agreement was concluded between Defendant Han Capital and a loan amounting to KRW 20 million in the form of an electronic document and KRW 5 million on January 5, 2020 (48 months). Accordingly, Defendant Han Capital wired KRW 20 million in the bank account in the name of the Plaintiff on the same day.

(B) On April 22, 2016, the loan balance is KRW 18,980,690, and KRW 25,500,000,000 in an electronic document form, and the loan agreement was concluded on April 22, 2016 (hereinafter “instant second loan”). Accordingly, the Defendant U.N. Bank wired KRW 25,50,000 to the Gyeongnam bank account in the name of the Plaintiff on the same day (as of May 9, 2016, the loan balance is KRW 24,522,097).

hereinafter referred to as “third loan of this case”

1) On December 31, 2015, “B” and “B” apply for a loan to “B” by misappropriation of the personal information of “B” and “B” and “B” in the name of “B” and “B” and intended to obtain a loan from “B” and “B” in the name of “B” and “B” in the name of “B” and “B” in the name of “B” in the name of “B” and “B” in the name of “B” and “B” in the name of “B” in the name of “B” and “B” in the name of “B”.

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