채무부존재확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff, upon the solicitation of D D Co., Ltd. (hereinafter “Nonindicted Company”), received a loan from the Defendant, and decided to purchase benz used cars (hereinafter “instant automobile”).
B. On July 5, 2017, the Plaintiff: (a) placed his/her seal, certificate of employment, and certificate of personal seal on the said divers; and (b) affixed the Plaintiff’s seal on a special agreement on the payment of the loan, which requires the transfer of the agreement and loan to the F Bank account (G) under the name of the Company E, with the following terms and conditions as follows.
(hereinafter) A loan agreement concluded on July 5, 2017 in the name of the Plaintiff (hereinafter “instant loan agreement”). A vehicle information model: CS 350, annual: 2014, vehicle price: 62,70,000, vehicle number: 60,000, vehicle number: Conditions for H loan: 13.9% per annum: 36% per annum; and 36 months in installments, installment, installment, installment payment, and first installment: 2,047,744, first installment: August 5, 2017;
On July 5, 2017, I, the Defendant employee, sent a telephone to the Plaintiff and confirmed the Plaintiff himself, and confirmed the preparation of the instant loan agreement and the seal impression, and the details of the loan.
Afterwards, the Defendant remitted KRW 60,000,000 to the above account under the name of corporation E in accordance with the special agreement on the payment of the above loan, and the registration of transfer of ownership was completed on July 20, 2017 in the name of the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 3, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the instant loan agreement was not constituted or invalidated for the following reasons, and thus, there is no obligation to pay the Plaintiff’s loan to the Defendant.
1) The Act on Installment Transactions (hereinafter “Act on Installment Transactions”) provides that the Defendant does not explain the terms of the instant loan agreement to the Plaintiff and does not deliver all relevant documents, such as the loan agreement, etc.
(b).