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(영문) 수원지방법원안양지원 2019.08.22 2018가단107396
채무부존재확인
Text

1. As to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) according to each lease succession agreement entered in the separate sheet.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1, 5, 18 (including paper numbers; hereinafter the same shall apply) and Eul evidence Nos. 3-11, taking into account the overall purport of the pleadings. A.

Around April 18, 2016, the Defendant entered into a contract with C to lend (e.g., the monthly rental fee of KRW 1,339,000 and the period of March 5, 2017. Around September 6, 2016, the Defendant entered into a contract to lend (e.g., the rental fee of KRW 1,150,000 (hereinafter referred to as “benz automobiles”) by setting the Fenz C200 automobiles (hereinafter referred to as “benz automobiles”) by March 2, 2017.

B. Since then, as indicated in the separate sheet, the lease succession agreement was drafted on March 3, 201 by the Plaintiff, the Defendant, and E, which extended the period of time by September 6, 2021. The lease succession agreement was drafted in the name of the Plaintiff, the Defendant, and E, and was drafted on March 3, 2017, and the Plaintiff succeeded to the lessee status of the ASEAN, but the lease succession agreement was drafted in the name of the Plaintiff, the Defendant, and the C on March 6, 2017, which extended the period of time by April 18, 2019.

(hereinafter referred to as "each of the above succession agreements" shall be deemed to be "each of the succession agreements of this case".

Benz automobiles appears to have been recovered to the Defendant on January 16, 2018, and March 23, 2018, respectively. The additional user fees and customer charges incurred in relation to the Awz automobiles on January 16, 2018 (=500,000 additional user fees) KRW 130,818,00,000, and the additional user fees and interest (including interest on delay; hereinafter the same shall apply) accrued on Awz automobiles by March 23, 2018 are deemed to have been collected to the Defendant on March 23, 2018. The additional user fees and customer charges incurred in relation to the Awz automobiles on January 16, 2018 (=7,017,136,000,000,000 won, 7,182,423,606,715,000 won, 4,3014,3010,09.

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