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1. The Plaintiff’s social loan Co., Ltd., Defendant Mountain and Loan Co., Ltd, and Defendant Industrial Complex Loan.
Reasons
1. Determination as to the claim against the social loan company and the limited liability company of the defendant Typ asset management loan
A. The Plaintiff’s indication B entered into a loan transaction agreement on November 25, 2013 with a social loan company and a limited liability company for asset management loans in the name of the Plaintiff by stealing the Plaintiff’s name, respectively, on November 28, 2013.
Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)
2. Determination as to the claim against Defendant Industrial Complex Loan Co., Ltd., Defendant Industrial Complex Loan Co., Ltd., and the successor to the case loan Co., Ltd.
A. In a lawsuit seeking confirmation of non-existence of a monetary obligation, if the plaintiff, who is the debtor, specified the first claim in order to deny the fact that the cause of the obligation occurred, the defendant, the creditor, bears the burden of proof of assertion as to the facts
B. (See, e.g., Supreme Court Decision 2002Da17821, Jul. 26, 2002).
Defendant Industrial Complex Loan Co., Ltd., Defendant Industrial Complex, and Defendant Industrial Complex Loan Co., Ltd., asserted that the Plaintiff and Defendant Industrial Complex Loan Co., Ltd. entered into a monetary loan agreement on November 25, 2013 with loans of KRW 5,00,000,00 per annum, interest rate of KRW 36.5% per annum, and due date of payment on November 25, 2018.
In light of the overall purport of the pleadings in each description of evidence Nos. 2-2 and evidence No. 4 (including the paper number) 1, B, even if the Plaintiff did not obtain any consent from the Plaintiff on Nov. 25, 2013, applied for a loan of KRW 5,00,000 by phone call to Defendant Busan Loan Co., Ltd. and applied for a loan of KRW 5,000,000 as if the Plaintiff was the Plaintiff. The Plaintiff’s name, resident registration number, address, and amount of loan was transmitted by facsimile, and then the Plaintiff’s name was written in the debtor column, signed by the Plaintiff, and then Defendant Busan Loan.