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(영문) 춘천지방법원 2015.11.26 2015가단50654
채무부존재확인
Text

1. As to KRW 2,856,00 according to a loan agreement concluded on July 29, 2014 by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. While operating a mobile phone sales store, B, a private village of the Plaintiff, requested the Plaintiff to temporarily open a number of mobile phones in the Plaintiff’s name in order to raise his/her opening performance of his/her mobile phone, and requested the Plaintiff to use the passbook in the Plaintiff’s name, who was unable to open an account necessary for his/her own credit, etc., and the Plaintiff loaned the passbook to B by opening the agricultural bank account in the Plaintiff’s name.

B. However, B established a mobile phone in the name of the Plaintiff at will by forging and using a copy of the Plaintiff’s identification card and passbook and personal information such as the Plaintiff’s resident registration number, and by using an application for subscription to a new mobile phone service contract on December 3, 2012. On July 29, 2014, B applied for a loan by entering the Plaintiff’s information into the Defendant’s Internet website using a passbook and security card, and an authorized certificate issued through a mobile phone and an authorized certificate issued through a mobile phone without authority, and received a loan of three million won from the Defendant in the name of the Plaintiff.

(hereinafter “instant loan agreement”). On the other hand, B was given a loan of an amount exceeding 60 million won in the name of A and a credit card service in the same manner.

B due to the aforementioned criminal acts, etc., B joined the cases of Chuncheon District Court 2015Kadan417, 543 (Joint), 666 (Joint), 721 (Joint), and 775 (Joint) with regard to the forgery of private documents, the uttering of falsified documents, and fraud by using computers, etc.

On August 27, 2015, the above court was prosecuted and sentenced to a conviction of one year and six months of imprisonment for B. The above criminal judgment became final and conclusive on September 4, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. The claims against the principal office.

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