채무부존재확인등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On April 5, 2014, the Plaintiff entered into a mid-term agreement with the Defendant on April 5, 2014, with the content that “the loan principal of KRW 38 million, interest rate of KRW 13.9% per annum, and period of 36 months” with “the loan principal of KRW 38 million.”
(hereinafter “instant installment financing contract”). B.
On the day of the installment financing contract, the Plaintiff entered into the said installment financing contract with the Defendant’s employee and entered into a telephone conversation with the Defendant, and directly prepared and sealed the agreement on the part of the Plaintiff. The Plaintiff knew of the contents of the installment financing contract, such as the amount of the loan, and talked that the instant vehicle was already delivered.
C. On April 5, 2014, the Defendant paid KRW 38 million to B via Changcom Co., Ltd.
On April 7, 2014, the Plaintiff completed the registration of transfer under the name of the Plaintiff with respect to the instant vehicle, but has not received the said vehicle until now.
E. Under the instant installment financing contract, the Plaintiff repaid KRW 10,376,359 in total to the Defendant eight times from May 7, 2014 to December 8, 2014.
F. Meanwhile, the main contents of the terms of the installment financing contract of this case are as follows.
Article 2(Definitions) The term "debate debate" means a financial product in which a financial company deposits a loan for motor vehicle purchase to the payment account of a loan requested and designated by the debtor (in the absence of any separate designation, it shall be an automatic transfer account) by entering into an agreement with the debtor and receives repayment from the debtor in installments of the principal and interest.
Article 5 (Application for Lao Debate and Payment Entrustment Contract) A finance company shall pay on behalf of a debtor all or part of the purchase price of a motor vehicle to the seller directly.
Article 12 (Effective Term) of the Terms and Conditions.