채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff obtained a loan from the Defendant for an erroneous loan from the Defendant and purchased used cars (name: CSS 250, car registration number: F. hereinafter “instant automobile”) from the non-party company due to the loan.
B. Around August 31, 2017, H, an affiliated business employee of G, the Defendant, visited the Plaintiff with documents necessary for the loan. The Plaintiff directly signed and sealed the application form for a motor vehicle financial product issued by H, “an erroneous agreement”, “an automatic transfer application”, “special agreement related to the payment of loans” and “motor vehicle acceptance certificate” (hereinafter “the instant loan agreement”), and the main contents of the said agreement are as follows.
The vehicle information model: Doz, Doz, annual-type: 2015, vehicle price: 71,50,000, vehicle price: 80,000, and vehicle number: The F loan condition: 11.9% per annum: the loan principal: 36% per annum; 36 months in installments, such as equal principal and interest, and redemption method: 2,730,326, first installment: 2,869,961, and first payment date: October 5, 2017.
On August 31, 2017, Defendant I sent a telephone to the Plaintiff, and confirmed that he accepted the instant vehicle from the Plaintiff, and that he affixed a signature and seal on the instant agreement and written consent, and that the Plaintiff provided information on the details of the loan, including the principal, installment, and settlement date.
Meanwhile, the Defendant collected a certificate of personal seal impression, a certified copy of identification card, a copy of identification card, and a business registration certificate from the Plaintiff, and transferred KRW 79,965,000 to the account in the name of G, as stipulated in the “special agreement on the payment of loans” on August 31, 2017.
E. On September 13, 2017, the Plaintiff completed the ownership transfer registration for the instant vehicle in its name and has occupied and used the said vehicle until now.