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(영문) 춘천지방법원강릉지원 2016.04.26 2015가단24764
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 20, 2015, Nonparty D, who operates a driving range C in Gangnam-si B, purchased screen golf machinery from Nonparty Esssteker K Co., Ltd. (hereinafter “Nonindicted Company”), and entered into an installment financing agreement with the Defendant that the Plaintiff, as the Plaintiff, would pay in 420,000 won a month, on equal installment terms and conditions that the Plaintiff would pay in 36 equal installments of principal and interest.

[Grounds for Recognition: Facts without dispute, Gap 1 evidence, Gap 2-1, Eul 2-2, the purport of the whole pleadings]

2. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff withdrawn an offer and notified the Defendant of the refusal of installment payment pursuant to Article 8 of the Installment Transactions Act on August 6, 2015. However, the Defendant did not notify the Defendant that the Plaintiff cannot accept the Plaintiff’s defense within seven business days, and the Defendant accepted the Plaintiff’s intent of refusal of installment payment pursuant to the aforementioned Act. As such, the Defendant asserted that there was no obligation for installment payment against the Defendant. As to seeking confirmation that D’s purchase of screen golf machines constitutes a transaction for which goods, etc. are supplied for commercial activities, the Defendant asserts that the Plaintiff’s purchase of screened golf machines is not subject to the said Act pursuant to the main sentence of Article 3 subparag. 1 of

3. The key issue of this case is whether D’s act of purchasing screen golf machines from the non-party company constitutes a transaction for which goods, etc. are supplied for commercial activities and thus, the Act on Installment Transactions does not apply, or whether D’s act constitutes a transaction under the same status as the consumers and thus, the Act on Installment Transactions applies to other consumers.

According to the above evidence, D, who runs a driving range business, does not purchase the above machinery to use it, but uses the golf range customers.

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