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(영문) 서울중앙지방법원 2017.08.29 2016나68306
채무부존재확인
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. 1) On December 3, 2014, Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) under the name of the Plaintiff as the borrower.

2) Defendant Samsung Fire Co., Ltd. (hereinafter “National Bank”) in the name of the Plaintiff on the same day entered into a credit loan agreement in the form of electronic document as set forth in the attached list No. 1.

(1) The Defendant Samsung F&M’s claim for the above loan amounting to KRW 7,00,000 was remitted to the account. As of January 21, 2016, Defendant Samsung F&M’s claim for the above loan remains remaining KRW 4,672,000. (A) ① The lending contractor’s name on September 30, 2014 under the Plaintiff’s name (hereinafter “Defendant Hyundai C&F”).

(2) A loan agreement between the Plaintiff and the Plaintiff was concluded between KRW 5,00,000 and KRW 39 months in the form of electronic document. Accordingly, Defendant Hyundai Capital remitted KRW 5,00,000 to the Plaintiff’s account on the same day. ② In addition, on September 30, 2014, an agreement was entered into between the Plaintiff’s lending contractor and the Defendant Hyundai Capital on the lending of KRW 5,00,000 to the lending of KRW 30,00 in the form of electronic document; thereafter, the lending agreement was entered into between the lending contractor and the Plaintiff’s lending of KRW 10,00 in the form of electronic document; and thereafter, on October 2, 2015 to December 4, 2015, the lending agreement was entered into between the Plaintiff’s lending of KRW 20,000 in the name of the Plaintiff’s Hyundai Capital and KRW 30,000 in the form of an electronic document; and the remaining amount of KRW 10,009,000.

3) On April 16, 2015, Defendant Bar Card Co., Ltd. (hereinafter “Defendant”) under the Plaintiff’s name.

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