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(영문) 대구지방법원 2015.11.12 2015가합200337
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. AZ credit union was merged with the Defendant on July 22, 2015.

(hereinafter hereinafter referred to as the “Defendant Association”) using AZ credit cooperatives

B. From Sep. 25, 2003 to Dec. 2, 2014, Nonparty B was the head of the Defendant Union’s association, who was in charge of overall management of Defendant Union’s overall business, including loan and receipt, as the head of the Defendant Union. Nonparty B, from Jan. 14, 2008 to Dec. 14, 2014, was in charge of the Defendant Union’s loan business as the representative or deputy head of the Defendant Union.

C. BA introduced approximately 160 loan holders, including the plaintiffs, in the name of Nonparty BC, BD, BE, BF, BG, AH, BH, and BI, and followed the introduction of about 160 loan holders, and, in the absence of any problem, the BA intended to implement the loan under its name as the loan owner in the absence of any problem.

Accordingly, BA and B had the above loan lender, including the plaintiffs, prepare the documents necessary for the loan, such as the application form related to the loan stated in the separate sheet, and they made their signature and seal on the lessee column of the lease contract that forged the lessor column, and in return, they paid the fee of KRW KRW 00,000 or KRW 00,000.

BA and B submitted documents necessary for loans, such as the plaintiffs' loan application form and false lease agreement, to the chief executive officer of the defendant cooperative, with the final approval of the chief director, and the loan secured by the lease deposit (hereinafter "the loan of this case") was executed, and the loan documents, the approval of which was completed by the chief executive officer of the non-party BJ and BK, were recorded in the loan ledger by computerized registration and entered the loan details in the loan ledger, and if the receipt and disbursement employee remitted the loan to the defendant union loan passbook of the plaintiffs to the defendant union loan of the above passbook, the above passbook and BB kept the above passbook.

E. BA and B, from February 26, 2009 to February 20, 2014, approximately KRW 6.1 billion through the above method 128 times.

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