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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff, on the ground of the instant claim for reimbursement, entered into an agreement with Korea Social Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to entrust the affairs to Nonparty Co., Ltd., and was entrusted with the operation of the second class installment financing from Nonparty Co., Ltd.. on January 2, 2013. The Defendant, via the Plaintiff, borrowed KRW 23,00,000 from Nonparty Co., Ltd. to the second class installment financing at the interest rate of 28.5% per annum on January 2, 2013, and received the loan from Nonparty Co., Ltd. at the interest rate of 28.5% per annum, and as to the automobile purchased from the loan, the Defendant did not perform the registration of transfer of ownership in the name of the Defendant, at the same time as the registration of the establishment of a mortgage with the Nonparty Co., Ltd. was made to the Nonparty Co., Ltd., under Article
However, each of the statements in Gap evidence Nos. 2, 4, and 8 alone is insufficient to see that the defendant was given installment financing loans as alleged above, and there is no other evidence to acknowledge them. Rather, in light of the purport of pleading No. 1, the person who received the above installment financing loans can be acknowledged the facts that he was not the defendant, and therefore, the above assertion on a different premise is without merit.
(In addition, the above agreement is merely an agreement between the plaintiff and the non-party company, and even if the plaintiff subrogated for the principal and interest of the loan to the non-party company according to the agreement, it cannot be deemed that the right to indemnity against the borrower is created immediately. Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.