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1. The part of a judgment of the court of first instance requesting the confirmation of existence of an obligation shall be revoked;
2. Attached list against the Plaintiff’s Defendant.
Reasons
1. The Plaintiff is a person operating a vehicle trading brokerage business, and the Defendant is a financial institution engaging in business such as vehicle security lending.
On June 2012, the Plaintiff: (a) arranged to purchase a truck of 4.5 tons (C; hereinafter “instant vehicle”); (b) the owner of the instant vehicle is I and the former owner is J); and (c) requested a company D Co., Ltd. (hereinafter “Nonindicted Company”) for installment financing agency business to lend the said vehicle.
Around June 22, 2012, the Defendant, upon receipt of a request for a vehicle security loan from Non-Party F’s employee F, concluded an erroneous installment contract with the principal debtor B at the rate of KRW 60 million and annual interest rate of KRW 19.9% with the joint and several guarantee of B’s spouse E, and paid KRW 59,930,000,00, after deducting part of the expenses from the Plaintiff’s account in the Plaintiff’s name.
(2) The Plaintiff paid 59,00,000,000 out of the loan to B as the purchase-price and paid 710,614,000,000,000 to B, which was calculated by deducting the transfer registration cost from the remainder of the money.
On June 25, 2012, B completed the transfer of ownership on the instant vehicle. On the same day, the Defendant completed the registration of sole collateral security on the instant vehicle with the bond value of KRW 42,00,000.
The column Ⅱ, a joint and several surety of the above letter of agreement (No. 1) includes the name of F, an employee of the non-party company, and on the other hand, the column Ⅲ, a joint and several surety, includes the name, address, etc. of the plaintiff, and the seal of "A" (hereinafter referred to as "the seal of this case") is affixed thereto.
The defendant holds a copy of the plaintiff's resident registration and a certificate of personal seal issued on July 20, 2012 from the non-party company.
On the other hand, the Plaintiff paid 4,520,000 won to the Defendant twice for the repayment of the obligation under B.
[Ground for recognition] A.