채무부존재확인의 소
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. The facts of recognition shall be deemed as the principal lawsuit and counterclaim;
A. On November 2, 2017, the Plaintiff purchased the vehicle of the 2016 Escookid from D Co., Ltd. (hereinafter “D”), and entered into an agreement with the Defendant to lend the loan principal of the loan amounting to KRW 30,000,000 per annum, interest rate of KRW 12.9% per annum, 36 months during the loan period, and interest rate of arrears rate of KRW 25% per annum, respectively (hereinafter “instant loan agreement”).
B. Article 1 (Requests for and Entrustment of Payment of Loans) of the Terms and Conditions of the instant loan provides that “A debtor and his guarantor who have applied for a secondhand loan from a financial company subject to the terms and conditions stated in the application form for a secondhand loan/loan shall, on behalf of the principal, directly pay the amount requested to the seller, or entrust the seller with the payment thereof through the party concerned for the secondhand loan, and the financial company shall pay the amount of the loan to the seller or the person concerned for the secondhand loan, thereby executing the loan.” Article 5 (1) of the Terms and Conditions of the instant loan provides that “I will immediately repay the debt to the debtor as stipulated in each of the following reasons.”
In addition, the special terms and conditions on the payment of the instant loan include that the Plaintiff requests F to transfer KRW 30,000,000 to the H bank account (number : I).
C. On November 2, 2017, the Defendant transferred F’s Hbank account to KRW 30,000,000, and F transferred the said money to the K Bank account of JJ as designated by D on the same day.
The Plaintiff lost the interest due to the Plaintiff’s failure to pay the agreed amount to the Defendant each month, and the amount of the principal and interest of this case as of May 16, 2018 = KRW 32,150,557 in total = the accrued principal and interest of this case = 25.5.