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(영문) 인천지방법원 2014.08.13 2013가단26035
채무부존재확인
Text

1. There is no loan obligation of KRW 5,000,000 between the Plaintiff and Defendant Lone Star Savings Bank on July 17, 2012.

Reasons

1. The following facts are acknowledged as either in dispute between the parties or in full view of Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 4, Eul evidence 1, 2, and 3, Eul evidence 1, 2, and 3, the witness Eul's testimony and the court's elflus of this court, and the whole purport of the arguments as to the citizen bank.

A. The Plaintiff operated a restaurant business under the name of “D” in 3.204, Jung-gu, Incheon, Jung-gu, Seoul. The Plaintiff’s her her her son B had been in charge of the Plaintiff’s business while carrying out the Plaintiff’s business. The Plaintiff’s authorized certificate, identification card, seal, and resident registration certificate, and resident registration certificate of a national bank E account (hereinafter “instant account”) opened on March 19, 199, managed the passbook, the Plaintiff’s business registration certificate, and the Plaintiff’s her son’s her son’s son’s son’s son

B. Around December 20, 201, with the Plaintiff’s permission, filed an application for a loan with Defendant Hyundai Capital Co., Ltd. (hereinafter “Defendant Hyundai Capital”) using the F mobile phone in the Plaintiff’s name. The employees of Defendant Dog Capital confirmed the Plaintiff’s resident registration number and 6 forms and cafeteria phone numbers, confirmed the certification number sent out to the Plaintiff’s mobile phone name, and then remitted KRW 25 million to the instant account in the Plaintiff’s name (hereinafter “instant first loan contract”), and also received a copy of the Plaintiff’s resident registration number.

C. On July 17, 2012, B, by accessing the Plaintiff’s authorized certificate, Internet banking ID, password, and passbook of the instant account, filed an application for a loan in the name of the Plaintiff, and then entering the password of the authorized certificate in the name of the Plaintiff, and completed the digital signature procedure by using the Plaintiff’s authorized certificate, Internet banking ID, password, and passbook of the instant account, and received KRW 5 million from the Defendant bank to the instant account after sending the Plaintiff’s resident registration certificate or business registration certificate to the Defendant bank by facsimile.

(b) above.

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