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(영문) 대구고등법원 2014.12.04 2014나1288

채무부존재확인

Text

1. The part against Plaintiff B in the judgment of the first instance shall be revoked.

Attached Form

A facility lease agreement as listed in the list 2 (Lease).

Reasons

The main lawsuit and the concurrent lawsuit shall be judged together.

1. Basic facts

A. (i) The Defendants are financial companies that conduct installment financing business, etc., and E Co., Ltd. (hereinafter “E”) is a company that engages in vehicle sales business, etc., and is a company that sells gM Korea’s D public vehicle with D public vehicle with D public vehicles, etc. from January 2009.

The Defendants entered into a contract with E business employees, including I, as their own commissioning Contract Employees, and kept the application for installment financing and lease goods sold by E in their own company.

Referencely, if a consumer who intends to purchase a vehicle from E intends to use the said goods for the purpose of raising the purchase price, the consumer prepared an application for each of the financial goods and delivered it to E along with the relevant documents, the Defendant entered into an installment financing agreement or lease agreement with the consumer using the method of requesting the payment by submitting it to the Defendant.

B. The issuingF of the plaintiffs' documents, etc. to E operates the company "G", the representative director of E maintains transaction relations with H. The plaintiff A is F's wife, the plaintiff B's dynamics, and the plaintiff C is F's will. The F puts the plaintiffs into a guarantor if it is necessary to guarantee the purchase of a vehicle during the course of maintaining transaction with E. As above, the F puts up the plaintiffs as a guarantor. In order to inquire into the possibility of credit loans, etc., the F puts the plaintiffs into a personal seal impression, etc.

C. Under the instant installment financing agreement with the Plaintiff A and C, the Defendants were to receive each installment financing agreement as indicated in the separate sheet Nos. 1 and 3 in the Plaintiff A and C’s name (hereinafter referred to as the “instant installment financing agreement”), resident registration copy, and certificate of personal seal impression as follows.