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(영문) 서울중앙지방법원 2017.12.20 2015가단5334826
채무부존재확인
Text

1. The lease contract number dated November 15, 2013 between the Defendant (Counterclaim Plaintiff) and Nonparty C (mutual D, business number E):

Reasons

Basic Facts

The party-related plaintiff is a company engaged in manufacturing and wholesale business, such as industrial machinery, and the location of the principal office is Daejeon-gu G.

The representative director of the plaintiff is H, and there is another internal director of H as the husband of H, and the network K, which is another son of H, worked as the auditor of the plaintiff and the head of the business division or the vice-head.

The defendant is a company engaged in financial business, such as financial lease business.

The defendant's employee in charge of business has worked for L division and M division division.

The significance of the supplier's financial lessee, financial lessee, supplier, and financial lessee's goods, etc. is defined in Article 168-2 of the Commercial Act.

As a result, from June 10, 2008 to August 2, 2013, the Defendant and 14 times traded financial lease amounting to approximately KRW 2.4 billion.

The network K participated in a number of financial lease transactions between the plaintiff and the defendant as the plaintiff's agent.

On November 15, 2013, the Defendant entered into the instant re-purchase agreement with C as a financial lessee, and entered into a financial lease agreement with the NA as a supplier on the machine learning center (P).

(B) From the following point of view, C worked as the Plaintiff’s team leader A/S team and completed business registration on November 13, 2013, the title of the Plaintiff’s financial lease agreement, which was concluded before November 13, 2013, with D, the business operator number E, and the location of the place of business as Daejeon-gu G, the same as the location of the Plaintiff’s headquarters.

On November 20, 2013, when the instant financial lease contract is terminated, the network K: (a) signed a re-purchase agreement between the Plaintiff and the Defendant with the purport that the Plaintiff re-purchases one of the machine learning center, which is an object of financial lease, and signed the Plaintiff’s name tag on the next side, and affixed the Plaintiff’s corporate seal (representative’s name) on the Plaintiff’s corporate seal.

From the next day, ‘the case'.

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