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(영문) 춘천지방법원 강릉지원 2018.04.11 2016가단52100
채무부존재확인
Text

1. In relation to the Defendant’s lending of KRW 78,00,000 to the Defendant’s C, August 25, 2014, the agreement between the Plaintiff and the Defendant is concluded.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff entered into an entrustment agreement with the Defendant on the following terms: (a) the Plaintiff handled the business of arranging and arranging the Defendant’s installment financing services; and (b) concluded an entrustment agreement with the Defendant to pay 3% of the loan amount.

B. The instant agreement provides for the following:

Article 10 (1) : Where the plaintiff falls under any of the following cases, the plaintiff shall immediately refund the principal and interest of the loan, interest in arrears, and other accrued expenses to the defendant, and the late payment shall be made by adding the interest in arrears determined by the defendant to the amount of the claim for refund from the date of request for refund

5. Article 11 where the Plaintiff fails to perform his/her duties as a good manager after arranging a loan premised on the buyer’s transfer of the ownership of the vehicle and establishment of the right of priority for us: the Plaintiff or the Plaintiff’s respondent shall perform his/her duties as a good manager in performing the service entrusted by the Defendant (a description of the terms and conditions of agreement, including the confirmation of the principal and the joint guarantor, seal impression verification, credit transaction basic terms and conditions

Section 21. Paragraph 1 of Article 21: The defendant may terminate this Agreement immediately upon written notice when the plaintiff has come to fall under any of the following subparagraphs:

9. Where the loan documents have been insufficient for the reason attributable to the plaintiff, or where he has caused difficulty to the defendant's business.

C. In addition to the instant agreement, the terms and conditions of a secondhand loan loan to which the secondhand loan product (secondhand loan) applies shall be set out as follows:

Article 1:A financial company shall pay installment financing on behalf of the debtor when the debtor files an application for installment financing to the financial company to pay all or part of the purchase price of the vehicle to the seller under the conditions stated in the application.

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