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(영문) 부산지방법원 2015.06.19 2014가단41304
채무부존재확인
Text

1. 4,00,000 won, June 15, 2013, and 2,000 on June 19, 2013, against the Plaintiff’s social loan company created by Defendant Apropha.

Reasons

1. Basic facts

A. From April 2013 to May 5, 2013, B requested the Plaintiff to deliver the Plaintiff’s resident registration certificate and to inform the Plaintiff of the Plaintiff’s account number and password of the passbook.

Around that time, the Plaintiff issued his resident registration certificate to B, notified his account number (C) and passwords, and B obtained loans from the above lending company under the Plaintiff’s guarantee.

B. After that, B possessed the Plaintiff’s resident registration certificate as above and obtained a loan from the Defendants under the Plaintiff’s name by applying for a loan. In this regard, B was punished by imprisonment with prison labor for a loan of 4,000,000 won from Defendant APP lending company (former trade name: EPP lending company) on June 15, 2013, KRW 2,00,000 on June 19, 2013, and KRW 16,00,000,000 on June 20, 200, KRW 7,000,000 on July 25, 2013, and KRW 200,000 on July 26, 2013, and KRW 6,000 on June 20, 200, and KRW 5,000 on June 26, 2013, each of the Defendant Hyundai Capital Co., Ltd. was pronounced as a loan of 205.

[2] [Attachment 3445, 4364 (Joint), 4684 (Joint), and 5181 (Joint)] B appealed on the ground of unfair sentencing. The Daegu District Court reversed the judgment of the court below on June 5, 2015 and sentenced B to imprisonment with labor for one year and four months (2015No807), and the above appellate judgment became final and conclusive.

[Based on recognition] Social Loan Co., Ltd. and Defendant Hyundai Capital Co., Ltd.: The fact that there is no dispute, entries in Gap1 through 14, the purport of the whole pleadings, and the purport of the whole pleadings: Confession of confession

2. Determination

A. According to the above facts, each of the above loan agreements entered into in the Plaintiff’s name is authorized by B.

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