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(영문) 서울중앙지방법원 2016.06.02 2015가합532226

채무부존재확인

Text

1. On consignment with the cargo vehicles listed in the separate sheet concluded on April 6, 2014 between the Plaintiff and the Defendant Company.

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company operating cargo transport business, etc.

(2) Defendant Hyundai Capital Co., Ltd. (hereinafter “Defendant Hyundai Capital”) is a company running a general and special trucking transport business. Defendant B and Defendant C are identical to the address and representative director of the headquarters, and are operated as a separate corporation but is operated as a single company.

B. On April 6, 2015, the Plaintiff concluded an entrustment contract with Defendant B through Defendant B’s employees D (hereinafter “instant branch entry contract”).

The contents of the instant land entry contract are as follows: (a) the Plaintiff purchased cargo vehicles and invested in kind in Defendant B; and (b) Defendant B entrusted the Plaintiff with the operation and management right of the said cargo vehicles

C. On April 14, 2015, Defendant B purchased the freight vehicles listed in the separate sheet (hereinafter “instant freight vehicles”) from Hyundai Motor Co., Ltd. (hereinafter “Modern Motor”) at KRW 38,400,000, and completed new registration in the register of automobiles.

1) On April 9, 2015, the Plaintiff entered into a new loan agreement with Defendant Hyundai Capital and New Loan Agreement (hereinafter “instant loan agreement”) to purchase cargo vehicles and make investments in kind in Defendant B.

(2) The loan agreement of this case was concluded. The content of the loan agreement of this case is that the Plaintiff borrowed KRW 57 million from Defendant Hyundai Capital in terms of the purchase price, etc. for cargo vehicles (one percent per annum for 3 months of a grace period of interest rate, 9.9% per annum for 57 months after a grace period of interest rate, 24%) and the principal and interest thereon shall be repaid in installments in 60 months after the Plaintiff’s payment was entrusted. (2) Defendant Hyundai Capital shall be the payment for the loan of this case under the loan agreement of this case at that time by the time.