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(영문) 서울남부지방법원 2015.07.17 2014가단45489
채무부존재확인
Text

1. The Plaintiff’s obligation to loans worth KRW 12 million based on a monetary loan agreement on November 15, 2013 to the Defendant.

Reasons

1. Facts of recognition and judgment

A. A. On November 15, 2013, the fact-finding B, etc. secured the Plaintiff’s personal information, financial information, and cell phone numbers, and subsequently borrowed 12 million won from the Defendant Company’s name.

On the other hand, B et al. obtained loans of KRW 15 million in total from the Business Love Loan Co., Ltd., Esvia Savings Bank, HK Savings Bank, and KRW 5 million by securing the Plaintiff’s personal information, etc. in the above manner, and obtained loans from HK Savings Bank. While applying for a suspension of withdrawal prior to the withdrawal, in the case of HK Savings Bank, the said Esve Loan or Esvia Savings Bank, the withdrawal was made.

Accordingly, the Plaintiff filed a lawsuit against the above two companies by Seoul Central District Court 2014Kadan159689, and was sentenced on October 31, 2014 that the above two companies do not bear such loans. The above judgment became final and conclusive around that time.

B was prosecuted as the co-principal of the crime of fraud by using computers, etc., which committed the act of withdrawing the money by defraudation in the name of the victims, including the Plaintiff, by stealing the names of the victims including the Plaintiff, on December 12, 2013 and was sentenced to imprisonment of two years on June 9, 2014 by Suwon District Court Decision 2013Da6866, Suwon District Court Decision 2014Da3246, Oct. 30, 2014.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings]

B. The Plaintiff asserts that the Plaintiff merely obtained a loan of KRW 12 million from the Defendant Company by stealing the name of the Plaintiff in the above circumstances, and that it does not bear any obligation to the Defendant Company. The evidence of the first and fifth evidence alone is insufficient to acknowledge that the Plaintiff concluded a loan contract with the Defendant directly or through his agent, and that is otherwise recognized.

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