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(영문) 대구지방법원 2017.05.16 2016가단124525
채무부존재확인
Text

1. The Plaintiff’s obligation under a monetary loan agreement concluded on November 6, 2014 between the Plaintiff and the Defendant’s successor.

Reasons

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff and the Defendant Savings Bank Co., Ltd. (hereinafter “Exchange Savings Bank”) concluded a monetary loan agreement between the Plaintiff and the Defendant (i.e., KRW 10,000,000, and the maturity date to pay the principal and interest monthly installment on November 6, 2019. As of September 29, 2016, there remain KRW 10,000,000 as principal and interest, and interest KRW 3,924,736, overdue interest, KRW 543,00,034, plus KRW 13,930,313,00 as of September 29, 2016.

B. On September 22, 2016, the Securities Savings Bank transferred the said monetary loan claim against the Plaintiff, and notified the Plaintiff at that time.

C. B, the Plaintiff’s spouse, was operating a wa trading company at the time of the said loan, but continued to operate the company due to business depression and unreasonable business expansion, etc., and was unable to cope with the Plaintiff’s liability.

B around that time, without the consent of the Plaintiff, set up a loan document in the name of the Plaintiff and received a non-face loan from the Defendant.

B, after receiving a request from C to the staff of the Reference Savings Bank to verify the authenticity of the above loan, B responded to the request on the ground that he was the Plaintiff.

Of the telephone numbers used at the time, D was a telephone opened in the name of B, and E was a telephone opened in the name of B.

【Legal basis for recognition】 Evidence Nos. 1 through 4, Evidence Nos. 1-1, 2, and 2-2, the witness B’s testimony, and the purport of the whole pleadings

2. According to the above facts of determination, a monetary loan agreement between the Plaintiff and the Securities Savings Bank on November 6, 2014 was concluded without the Plaintiff’s permission, and thus, this is not effective against the Plaintiff, and the Plaintiff has no obligation to pay the loan obligations under the said monetary loan agreement.

Furthermore, this also applies to the defendant succeeding intervenor who has taken over the above loan claims from the Securities Savings Bank.

Therefore, the Plaintiff’s above loan obligations against the Intervenor succeeding to the Defendant.

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