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(영문) 대구지방법원 2015.02.13 2013나9749
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a financial company that conducts installment financing business, etc., and the Plaintiff is a stock company B (hereinafter “B”).

(2) The Plaintiff entered into a contract with B, including D, to commission its sales workers as its commission contract workers, and provided a written application for installment financing and lease goods sold in B, as a company interest in the consignment sales business, and as a company with GM Korea’s official vehicle with C, from January 2009.

3) In a case where a consumer who intends to purchase a vehicle from B intends to use the said financed goods or leased goods in order to raise a purchase price, if the consumer prepared an application for each of the said financial goods and delivered them to B along with the relevant documents, the Plaintiff entered into an installment financing agreement or lease agreement with the consumer by using the method of requesting the payment to the Plaintiff. (b) The Defendant’s delivery of the documents, etc. to B is a “F Company” while operating the Defendant’s “B’s representative director G business relationship.” The Defendant was a partner of the Plaintiff, and the Defendant was the same, while maintaining the transaction with B, and the Defendant was put up as the guarantor if the guarantee is necessary for the purchase, etc. of the vehicle during the course of maintaining the transaction with B. In order to inquire into whether it is possible to lend a credit, the Plaintiff was able to obtain the Defendant’s personal seal impression, etc.

The driver's license, certificate of personal seal impression, etc. was submitted, and the vehicle price was remitted to B's account as follows.

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