(영문) 제주지방법원 2016.09.13 2015가단10577

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(영문) 제주지방법원 2016.09.13 2015가단10577

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 17, 2014, the Defendant, as a corporation for installment financing and general loan business, concluded a business consignment agreement with the Defendant on the commission of the mediation of goods borrowed in the middle and high loan (hereinafter “instant business consignment agreement”).

B. On April 4, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with C to purchase KRW 18,000,000 in the name of C and B (hereinafter “the instant order”). On April 5, 2015, the Plaintiff entered into an agreement on loans of KRW 15,200,000 on the condition that the principal and interest are repaid in installments for 36 months with the Defendant (hereinafter “instant loan agreement”).

C. At the time of the instant loan agreement, the agreement states that “the Plaintiff requests the Plaintiff to remit 15,200,000 won of the loan to a deposit account in the name of destroyed installment financing, and according to this request, the Defendant shall be deemed to have received it at the time when the loan was remitted, and at the same time the loan transaction is completed,” and accordingly, the Defendant remitted 15,200,000 won of the loan to the Plaintiff to the deposit account in the name of destroyed installment financing on April 5, 2015.

On April 10, 2015, the Plaintiff sent to the Defendant a certificate to the effect that “The instant sales contract and the instant loan agreement are withdrawn, which constitute an indirect installment contract as prescribed by the Installment Transactions Act (hereinafter “Installment Transactions Act”).”

【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 2, Gap evidence 4-1, 2, Gap evidence 7, Eul evidence 2, Eul evidence 3 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. The instant loan agreement, etc. is an indirect installment contract.

참조조문

-할부거래에 관한 법률

유사 판례

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