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(영문) 대전지방법원 2013.09.11 2012가합34218
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2008, the Plaintiff entered into a credit transaction agreement with the Korea Savings Bank (the Korea Savings Bank prior to the change: Korea Savings Bank; hereinafter “Korea Savings Bank”) on June 30, 2009 (hereinafter “Korea Savings Bank”); (a) the annual interest rate of 12% per annum on June 30, 2009; (b) the interest rate of 23% per annum on delay damages; and (c) the limit amount of 790 million won per annum (hereinafter “the instant monetary loan agreement”).

B. On February 28, 2013, the Daejeon District Court declared bankruptcy against the Korea Savings Bank as the Korea Savings Bank, and appointed the Defendant as the trustee in bankruptcy of the Korea Savings Bank as the trustee in bankruptcy.

C. According to the internal computer network data of the Korea Savings Bank on April 18, 2013, the remaining principal and interest pursuant to the instant monetary loan agreement (hereinafter “instant loan”) are indicated as KRW 1,473,773,259 ( = principal and interest KRW 780,000,000 and delay damages and KRW 693,73,259).

【Reasons for Recognition】 Each entry of evidence Nos. 1-1, 2, 2-2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff listened to the statement that the Plaintiff’s name needs to be registered from the commercial company B, and borrowed the name to the Plaintiff, but there is no fact that the Plaintiff received a loan from the Korea Savings Bank. 2) On May 2012, after receiving the notice from the Korea Savings Bank that the obligation is in arrears, the Plaintiff received a written confirmation from the Korea Savings Bank that the obligation is in arrears, and the Plaintiff received a written confirmation from the Korea Savings Bank.

3) Ultimately, it cannot be deemed that the Plaintiff bears the obligation to the Korea Savings Bank. (b) The Defendant’s assertion 1) cannot be deemed as a conspiracy false, and even if the instant monetary loan contract is null and void as a conspiracy false, since the Korea Savings Bank was declared bankrupt and the Defendant was appointed as a trustee in bankruptcy of the Korea Savings Bank, the Defendant constitutes a bona fide third person under Article 108(2) of the Civil Act, and the Plaintiff cannot oppose the Defendant.

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