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(영문) 의정부지방법원 2019.05.02 2018나212734
대여금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 10,476,828 among the Plaintiff and KRW 9,974,218 among the Plaintiff, as to September 7, 2017.

Reasons

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff received the application for a credit loan (name of goods: C) under the Defendant’s name through the Internet homepage, and then loaned KRW 12 million (hereinafter “instant loan”). In the process, the certification of the Defendant’s authorized certificate issued by the licensed certification authority was used.

B. Since then, the amount of the instant loan in arrears as of September 6, 2017 is KRW 10,476,828 in the aggregate of the principal amount of the loan 9,974,218, unpaid interest 484,417, and damages for delay 18,193, and the agreed interest rate on the instant loan 23.6% and the agreed interest rate on the instant loan 27.9% per annum.

C. The Defendant’s words D’s name changed the name of the mobile phone in the name of the Defendant without authority, and without authority, the name of the mobile phone in the name of the Defendant using the Defendant’s E bank account and an authorized certificate from 201.

On April 20, 2018, 10 months have been sentenced to imprisonment on April 20, 2018 for the following reasons: (a) the application for a loan specified in the paragraph was made and the loan was received; (b) the commission of forgery of a private document; (c) the commission of such an event; and (d) the commission of such an event; and (c) the commission of a fraud was found to have been dismissed, but the appeal was dismissed and finalized.

(Reasons for Recognition) The facts of absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant loan was lawfully conducted through the verification by the authorized certificate, the Defendant is obligated to pay to the Plaintiff the sum total of KRW 10,476,828 of the principal and interest remaining in the Plaintiff and the damages for delay as to KRW 9,974,218 of the principal and interest of the instant loan.

B. The defendant did not file a loan application with the plaintiff, and the defendant's words D illegally changed to the defendant's name, copied the defendant's authorized certificate without permission on handphones, etc., and stolen the defendant's name by using it.

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