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(영문) 서울남부지방법원 2016.01.28 2015가단217151
채무부존재확인
Text

1. It is confirmed that there is no obligation of the Plaintiff to the Defendant listed in the separate sheet.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. Nonparty B, who is the Plaintiff, opened a mobile phone through a mobile phone from Nonparty B, a mother, and opened a mobile phone in the Plaintiff’s name by using the Plaintiff’s resident registration certificate and agricultural bank passbook received and kept the Plaintiff’s deposit passbook.

B filed an application for a loan under the name of the Plaintiff on July 12, 2012 on the Defendant’s website, and transmitted the certification number of the Plaintiff’s mobile phone opened through the foregoing additional service, and then received 2,96,000 won (the credit inquiry expense deduction of KRW 4,000 out of the loans of KRW 3 million applied for, and the credit inquiry expense of KRW 3 million in the name of the Plaintiff was remitted to the agricultural bank account in the name of the Plaintiff on the same day, and the loan contract in the name of the Plaintiff was forged and sent to the Defendant by mail.

(hereinafter “instant loan agreement”). B.

B On July 17, 2014, the Seoul Eastern District Court 2014Kadan794, which was sentenced to eight months of imprisonment due to the crime of forging and uttering of private documents and the crime of fraud.

[Ground of recognition] The fact that there is no dispute, entry of Gap 2's evidence, purport of whole pleading

2. Determination

A. According to the facts acknowledged prior to the determination of the cause of the claim, since the instant loan contract in the name of the Plaintiff was concluded by forging the loan contract in the name of the Plaintiff, it shall be deemed that there is no obligation of the Plaintiff against the Defendant.

B. The summary of the Defendant’s defense of the Defendant: (a) the Plaintiff delivered identification card and passbook to B; and (b) the Defendant made best efforts to confirm the intent of the Plaintiff, such as the receipt of documents issued by the Plaintiff in addition to the mobile phone certification number; (c) even if B entered into the instant loan contract for the purpose other than the opening of a mobile phone, it shall be deemed that the Plaintiff’s responsibility belongs to the Plaintiff himself/herself pursuant to Article 126 of the Civil Act; and (d) even if not, the Plaintiff

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