logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.03.11 2020가단318302
채무부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. Suspension of compulsory execution by the Daegu District Court 2020 Kaz. 1014

Reasons

1. Basic facts

A. On January 25, 2019, a loan agreement was made in the name of the Plaintiff (No. 1 certificate; hereinafter “instant loan agreement”) that the Plaintiff intends to borrow KRW 30,000,000 from the Defendant on January 24, 2021, and the Plaintiff’s seal impression is affixed to the name following the Plaintiff’s name.

B. On January 25, 2019, the registration of the establishment of the right to collateral security (hereinafter “registration of this case”) stated in the separate sheet owned by the Plaintiff was completed on the grounds of the same day contract with respect to the real estate (hereinafter “real estate of this case”) as indicated in the separate sheet owned by the Plaintiff and the maximum amount of KRW 45,000,000, and the purport of the claim against the obligee as the Defendant.

(c)

On March 12, 2020, the Plaintiff registered as a person with severe disabilities under Article 2 of the Welfare of Persons with Disabilities Act.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2-1, 2, 3, Gap evidence No. 7 and 8, Eul's testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) On January 22, 2020, the Plaintiff was diagnosed to the effect that “Intelligent Index 5 and Social Nature 26.32 was assessed as approximately 14 years of age, and due to low cadastral and social functions, it is deemed necessary to manage or assist the guardian in a state where it is difficult for the Plaintiff, who has intellectual disability from the early childhood, to manage or assist the guardian’s independent job-seeking, occupational maintenance, and responsibility as an adult.”

(2) On January 2019, the Plaintiff met the Defendant at a coffee shop near the new branch of G bank in Daegu Suwon-gu, where 20 years have passed since around 20 years. The F voluntarily stated the original personal information in the instant loan agreement created and brought by the Defendant, affixed the Plaintiff’s seal impression, and registered the establishment of the right to collateral security on the instant real estate.

(3) The Plaintiff has no ability to determine the meaning or result of the instant loan agreement, and seal impression.

arrow