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(영문) 광주지방법원 2017.02.02 2016가합52670

채무부존재확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties B is a company with the main business of selling and buying used cars (hereinafter “non-party company”), and the Plaintiff was a representative director of the non-party company from May 21, 2014 to February 5, 2016.

B. The Plaintiff’s debt 1) on May 27, 2014, between Defendant Hyundai Capital and Defendant Hyundai Capital, the Plaintiff loaned the purchase price of used cars purchased by the Nonparty Company for used vehicle business to the Plaintiff within the limit of KRW 500,000,000,000, and the amount of the loan was set up as collateral for the relevant used cars acquired by the Nonparty Company as collateral. On the same day, the Nonparty Company jointly and severally guaranteed the Defendant’s loan obligation owed by the Plaintiff to Defendant Hyundai Capital on the same day. (2) Under the above Limit Transaction Agreement, the Defendant Hyundai Capital was set up as a collateral for each used car by granting a loan to the Plaintiff more than 10 times as indicated below.

On October 6, 2015, 14, 14, 14,50,00 Laun D 32,00,00 on November 5, 2015, 200 on the 10th 6th 0th 6th 0th 6th 0th 6th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 06th 00, 1300, 150th 106th 06th 06th 205, 205th 106th 106th 205th 205th 2015