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(영문) 서울고등법원 2017.09.21 2016나2043771
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The status of the parties 1) U.S. Co., Ltd. (hereinafter “U”).

(i) the network E (hereinafter referred to as “the network”) in which the person was a major shareholder or an officer;

A) On November 17, 2001, the Plaintiff, the birth of which was the sole inheritance of the deceased’s property by the renunciation of inheritance by all other successors.2) The business authorization for U was cancelled on October 11, 1999, U’s assets and contractual status related to U’s financial business was transferred to T Co., Ltd. (hereinafter “T”) and the Restructuring Finance Corporation established pursuant to the Depositor Protection Act comprehensively succeeded to the rights and obligations of T by a merger of T on December 31, 2001, and thereafter on November 10, 2009, the trade name of the Reorganization Finance Corporation was changed to the Defendant.

3) R Limited Liability Company (hereinafter “R”)

(1) In order to secure loans, claims for bills, rights to bills, etc. held by T under a contract transfer from an insolvent mutual savings and finance company, and human or material security and other rights incidental thereto (hereinafter referred to as “asset-backed assets”).

After its establishment on December 21, 200 for the acquisition, management, operation, and disposition under the Asset-Backed Securitization Act, it was dissolved on December 31, 2003 by a resolution of a general meeting of members, and completed liquidation on July 21, 2004. (B) The deceased and the Plaintiff’s debt relationship 1) obtained 17 loans by stealing or borrowing another’s name from U from October 10, 1995 to June 30, 198, as indicated in the separate sheet of loans, as in the separate sheet of loans, and used 17 loans from U for the operation funds of X, a tourism and recreation facility jointly operated with B. However, among them, only three loans made in the name of 14 persons, including V, were not repaid for the total principal and interest of loans borrowed or borrowed in the name of 14 persons, including V (hereinafter “instant loan”).

2) A national credit information company that is delegated to collect claims by T (hereinafter “Na Credit Information Company”) shall be deemed to be a national credit information company.

A. Principal and interest of this case's identity theft loan.

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