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(영문) 서울남부지방법원 2015.11.26 2014가합6849
채무부존재확인
Text

1. Attached Form concluded between the Plaintiff (Counterclaim Defendant, Appointed Party), the designated parties, and the Defendant (Counterclaim Plaintiff);

2. The list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 21, 2012, the Defendant entered into a business partnership agreement with D Co., Ltd. (hereinafter “D”) with the content that “AD would obtain a loan from the Defendant to cover funds necessary to remodel or produce camping cars in the name of the customer and register it in the name of the customer, or register it in the name of the Defendant with the Defendant with a collateral security (mortgage) or pay lease fees to the customer by entering into a lease agreement with the Defendant.”

B. The Plaintiff, Selections B, and C (hereinafter “Plaintiff, etc.”) intended to purchase a camping course from the YA company that entered into a camping car sales contract with D as the executive director, and in order to do so, it is necessary to have a personal guarantee per 1 camping car. For this purpose, the Plaintiff, Selections B, and C (hereinafter “Plaintiff, etc.”) shall pay 50,000 won per month for three years to the person who provides the guarantee, and shall provide support for free use of the camping course once a month. From February 2013 to April 2013, the Plaintiff, etc. issued a certificate of personal seal impression, identification card copy, income certificate, etc. to E.

C. On May 2013, the Plaintiff et al. received a letter of performance from F as follows.

1.D and E shall register the Plaintiff and G as an intra-company director, as soon as possible after the relocation of the factory, and transfer 3% of their respective shares to each person.

2. Camping car proceeds shall be paid in D, and they shall be remitted to the account designated by the Plaintiff, etc. by not later than the date of withdrawal from the account, and shall be made able to normally withdraw on the designated date by the camping car company;

3. Even if a situation occurs in which a sirencar company or other company that purchased campingcar is unable to pay a monthly agreed amount to D due to bankruptcy, etc., it shall comply with the terms and conditions set forth in paragraph 2.

4. D shall pay the plaintiff, etc. one installment under the name of the guarantee fee.

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