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(영문) 광주지방법원 2014.04.15 2013가단40297
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2013, the Plaintiff entered into an installment financing contract (hereinafter “instant installment financing contract”) with the Defendant with the content that: (a) the Plaintiff offered the Plaintiff as security and the Defendant loaned a loan of KRW 145 million in monthly installments of KRW 3,811,290,000,000 to the Plaintiff; (b) the installment payment period of KRW 48 months; (c) the interest rate of KRW 11.9% per annum; and (d) the interest rate of KRW 25% per annum per annum.

(However, the date of preparation of the contract is written on January 23, 2013 when the loan is executed. (b)

On the date when the Plaintiff entered into the installment financing contract of this case, a dump truck (C) contract was prepared by the Plaintiff, which purchased dump truck (C) from an environmental logistics of the same company. On the same day, between the Plaintiff and the Defendant, the said contract was entered into between the Plaintiff and the Defendant on the same day, that, when the Plaintiff purchased the said dump truck, the Defendant loans 100 million won to the Plaintiff by setting the monthly installment of KRW 2,727,63 won, interest rate of KRW 48 months, interest rate of KRW 13.9% per annum, interest rate of KRW 25% per annum (hereinafter “instant installment contract”).

(However, the date of preparation of each of the above contracts is written as of January 18, 2013, on which the loan was executed). / [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, 2, Eul 1 and 2 (including paper numbers), and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff 1's assertion was that the plaintiff 1 entered into the installment financing contract of this case with the defendant in order to substitute the loan with a low interest rate because the interest rate of installment loan was high, but there was no conclusion that the plaintiff 2 installment financing contract of this case was entered into with the defendant in order to purchase dump truck from the environmental logistics of the company operating the company in charge of the settlement of disputes at the time. The 2 installment financing contract of this case was concluded by the employee E of the company in charge of the settlement of disputes which offered a loan at the time.

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