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(영문) 대구지방법원 2014.02.11 2012가합11154
채무부존재확인
Text

1. The plaintiff (a consolidated counter-defendant) based on the installment financing contract stated in the attached Form No. 3.

Reasons

1. Basic facts (hereinafter in this case, the main claim, counterclaim and concurrent counterclaim shall be judged together);

A. From January 2009, the Defendants, a financial company conducting installment financing business, etc., have provided financial services necessary for the purchase of automobiles through installment financing contracts, lease contracts, etc. to the customers (automobile buyers) of the E Co., Ltd. (hereinafter “E”) who sold capital with the grodr of official vehicles in the D area of GM Korea from around January 2009. The conclusion of a contract mainly takes place in a manner that E requests each financial company to conclude a contract for installment financing contracts, lease contracts, and certificates of personal seal impression, if customers wishing to purchase automobiles prepare a contract for installment financing contracts, and provide them with relevant documents, such as certificate of personal seal impression.

B. F is a person who has maintained the transactional relationship with H of the E’s representative director while managing G, and Plaintiff A is a F’s wife, Plaintiff B is a F’s partner, Plaintiff F’s partner, and Plaintiff C is a F’s journal.

While maintaining transaction with E as above, F put the Plaintiffs as the guarantor if it is necessary to guarantee the purchase of vehicles, etc. while maintaining transaction with E, and entered the Plaintiffs’ certificate of personal seal impression, etc. in order to inquire about whether it is possible to lend credit in the process.

C. Meanwhile, around June 2012, around July 2012, H had been operating E and around July 1, 2012, obtained identification cards and certificates of personal seal from consumers other than the plaintiffs, who want to purchase gladsing vehicles, etc. from E, under the pretext of necessity for credit inquiry, etc., and then entered into installment financing contracts or lease contracts with each consumer and financial company including the Defendants, and then only vehicle payments have been transferred from financial companies and the vehicle was locked without being supplied to consumers.

From March 2012, prior to the occurrence of the foregoing case, around April 2012, the agreement and lease contract were prepared between the Plaintiffs and the Defendants, such as the contents of the attached agreement, and the Defendants were the Plaintiff.

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