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(영문) 서울중앙지방법원 2017.02.10 2015가합573241
채무부존재확인
Text

1. Defendant A shall pay KRW 1,00,000 to each of the Plaintiffs listed in attached Table 1’s Schedule, respectively, and as from December 22, 2015.

Reasons

1. Basic facts

A. The status of the party, Defendant Samsung Card Co., Ltd. (hereinafter “Defendant Samsung Card”) is a person engaged in credit loans and secured loan business, including installment financing. Defendant A is an installment business operator as the representative director of the corporation B (hereinafter “B”), who uses sn beam professional projector, etc., and the Plaintiffs are those who purchased sn beam projector from Defendant A and entered into a contract for installment financing with Defendant Samsung Card.

B. (1) Defendant A found in each shop operated by the Plaintiffs from October 2014 to May 2015, 2015. Defendant A entered into a contract on the installation of sloping projector devices at his/her own cost. Equipment installation costs, etc. can be appropriated from advertising proceeds obtained by posting the advertisement at the lower end of the promotional image. When the Plaintiffs entered into an installment financing contract with Defendant Samsung Card, they would pay the sloping projector installation costs by paying the monthly installments. Defendant A recommended the installation of s beam projector by paying the monthly installments. (2) The Plaintiffs agreed on the installation of B and s beam projector through the Defendant, etc. on the date indicated in the “contract Date” column 2, and drafted an application for installment financing equivalent to the amount indicated in the “principal loan” column in the attached Table 2.

3) Defendant A: (a) was justified that the confirmation telephone for the application for installment financing transaction from Defendant Samsung Card was not mentioned in the substitute payment for the payment of the off-face payment; and (b) received a written confirmation therefor; (c) the above written application for installment financing was sent to Nonparty A, who entered into an alliance agreement with the Defendant Samsung Card on the delivery of the written agreement for installment financing transaction (the written application) with the Defendant Samsung Card, and was deemed to have used the name of Samsung Samsung LLC, but the trade name in the corporate register was a quasi-transfer set (the “quasi-transfer set”).

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