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(영문) 서울남부지방법원 2019.01.23 2018가단209311

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. The Plaintiff was introduced by D D D (hereinafter “Nonindicted Company”) affiliated with a used vehicle sales company as a used vehicle sales company, and was granted a loan from the Defendant and subsequently purchased a used vehicle (name: BMW 520d, car registration number: F; hereinafter “instant vehicle”).

B. On August 1, 2017, H, an affiliated business employee of G, the Defendant, visited the Plaintiff with the documents necessary for the loan. The Plaintiff directly signed and sealed each of the “application for the vehicle financial instruments”, “the Lao agreement”, “an automatic transfer application”, “special terms and conditions related to the payment of loans” and “automobile acceptance certificate” issued by H (hereinafter “instant loan agreement”), and the main contents of the said agreement are as follows.

The vehicle information model: BMW, annual formula: 2016, 52,80,000 won for vehicle price: 60,000 won for the loan principal, interest rate: 1.9% per annum: 36% for the period: 11.9% per annum; 36 months for installments such as equal principal and interest; 1,989,94 won for each installment: the first installment: 1,76,65 won; and the first settlement date: August 20, 2017;

On August 1, 2017, the Defendant’s employee I sent a telephone to the Plaintiff, and confirmed that he accepted the instant vehicle from the Plaintiff, and that he affixed a seal on the instant agreement and the written consent, and that the Plaintiff was given guidance on the details of the loan, including the principal of the loan, the installment, and the date of settlement.

On the other hand, the Defendant collected a certificate of personal seal impression and resident registration certificate, a copy of identification card, and a certificate of eligibility for health insurance from the Plaintiff, and transferred KRW 59,965,000 to the account in the name of G, as stipulated in the “special terms and conditions regarding the payment of loans”.

E. On August 16, 2017, the Plaintiff completed the ownership transfer registration for the instant vehicle under its name and has occupied and used the said vehicle until now.