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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s father B asked C to identify the Plaintiff’s used cars, and puts the Plaintiff’s identification card and seal. However, C, using the Plaintiff’s identification card and seal held as above, arbitrarily forged an application form for a middle- and high-speed / loan in the Plaintiff’s name without the Plaintiff’s identification card and seal, and based on this, took up KRW 16,00,000 for used cars from Defendant (Withdrawal) KF Capital Co., Ltd. (hereinafter “Defendant”).
Since the Defendant transferred all of the above claims against the Plaintiff to the Defendant’s Intervenor, and the external appearance was created as shown in the separate sheet that the Defendant’s Intervenor appears to have owned the claim corresponding to KRW 11,678,227 against the Plaintiff, the Plaintiff is seeking confirmation of the absence of the obligation indicated in the separate sheet against the Defendant’s Intervenor by forged document.
2. Determination
(a) In full view of the facts without dispute over recognition, Gap evidence 1, 2, 3, 6, Eul evidence Nos. 1 to 11, Eul evidence Nos. 1, 1, 2, 6, and Eul evidence Nos. 1 to 11, and the purport of the whole facts
1) On June 25, 2013, around the Plaintiff’s name, a letter of agreement was prepared and submitted to the Defendant (hereinafter “Agreement on the Settlement of Motor Vehicles”). Around June 25, 2013, a letter of agreement was written on July 20, 2013, YFIIS and annual 2010, 16,00,00, 19.9% per annum, interest rate of 19.9% per annum, 36 months per annum, the first installment, 56,51 won per installment, 593,802 won per installment, and 29% per annum for delay (hereinafter “Agreement on the Settlement of Motor Vehicles”).
(2) At the time of the preparation of the agreement, the Plaintiff’s seal imprint affixed to the said agreement. At the time of the preparation of the agreement, the Plaintiff’s resident registration certificate, certificate of personal seal impression, certificate of business registration certificate, and certificate of transaction details of national bank were submitted. (2) The Defendant offered a loan to the Plaintiff. Around June 26, 2013, the Plaintiff had the ownership transfer registration for YF rocketing and other automobiles in the name of the Plaintiff, and around July 9, 2013.