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(영문) 광주지방법원순천지원 2015.11.03 2015가단5143
채무부존재확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff had the intent to purchase the vehicle “Aur Q7B” (hereinafter “instant vehicle”) in Jinju-si, Jinju-si, Jinnam-si, Seoul.

On January 28, 2015, the Plaintiff entered into an agreement with the Defendant on January 28, 2015, stating that “the principal of the loan is KRW 50 million, interest rate of KRW 12.9% per annum, period of 36 months, and repayment method from March 5, 2015,” which is the Defendant’s partnership store, to use for the purchase of the instant vehicle.”

(hereinafter “instant loan”). (b)

Article 1 of the Terms and Conditions of the instant loan provides, “A debtor who has applied for a loan from a financial company for a secondhand loan on behalf of the financial company on the terms and conditions stated in the application form for the goods/loan for the secondhand loan, and his/her joint guarantor, shall commission the financial company to pay the purchase amount to the seller, and the financial company shall be deemed to have executed the loan by paying the purchase amount to the seller.

At the time of the instant loan agreement, the Plaintiff signed and sealed the “Special Terms and Conditions Concerning Payment of Deposits” document stating, “The Claimant requests the transfer of the borrowed loan amount from your company to the following account, and you confirm that you will receive the relevant amount at the time of transfer according to this request.”

In the above documents, a statement stating "amount received, bank name, account number, and name of deposit account holder" is printed. Among them, the "amount received" column is stated as 50 million won, and the remainder remains in the blank.

C. On January 27, 2015, the Defendant received the said loan documents and the Defendant’s written confirmation of vehicle loss, and on January 28, 2015, “vehicle takeover certificate” as of January 28, 2015, and on January 28, 2015, the Defendant correctly deducted KRW 50,000,000 from the loan’s loan amount to the account under the name of sexual installment financing on January 28, 2015.

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