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(영문) 서울중앙지방법원 2011.01.28 2010가합79881

손해배상

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The New Nationwide Special Forwarding Co., Ltd. (hereinafter “New Nation”) is a company with the purpose of general cargo transportation brokerage business, general cargo transportation business, etc., and the Plaintiffs are those who intend to enter and depart from a vehicle.

B. (1) From around July 2007 to September 2007, the Plaintiffs purchased a vehicle with a loan from Hyundai Capital Co., Ltd. (hereinafter “Moman Capital Co., Ltd.”) and then enter into a cargo transport contract with a period of three years to pay KRW 2,300,000 per month to the Plaintiffs, who are new State-wide capital owners.

(2) Accordingly, from the end of July 2007 to the beginning of September 2007, New Nation concluded an installment sales contract for each of the pertinent vehicles listed in the vehicle number column of the attached Table, such as the registration of automobiles (hereinafter “instant vehicles”) with Defendant Weather Automobile Co., Ltd. (hereinafter “Defendant Weather”), and the Defendant Weather Vehicle received the automobile sales payment from Hyundai Capital Co., Ltd., a credit provider for the Plaintiffs, the actual purchaser at that time, and then delivered the instant vehicle to the New Nation, the buyer of the instant vehicle.

(3) On the other hand, the plaintiffs received each money as stated in the column for loans in the column for loans in the separate sheet from Hyundai Capital on the corresponding date, and the interest rate shall be 11.35% per annum (24% per annum). The principal and interest per month shall be paid in equal installments. The plaintiffs shall lose the benefit of time when payment was suspended by clearly or explicitly expressing that the principal, interest, installment, etc. payable to Hyundai Capital is not paid for 30 days from the due date or that it is impossible to repay the debt.