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(영문) 서울중앙지방법원 2015.04.30 2014가합25653
채무부존재확인
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 3, 2013, the Plaintiff: (a) received a request from B to assign the representative director of D (hereinafter “D”); and (b) accepted the request from B to B; (c) issued to B a certificate of personal seal impression, a certified copy of resident registration, and a certificate of personal seal impression that the Plaintiff himself/herself received for the purpose of use that he/she received for the registration of change, etc.; and (d) requested B to issue a certificate of personal seal impression additionally; and (c) issued a certificate of personal seal impression to B on the 31st of the same month.

B. On December 23, 2013, B completed the registration of modification that the Plaintiff was appointed as a inside director and representative director of D.

C. B, on January 8, 2014, issued the Plaintiff’s certificate of personal seal impression, seal imprint, driver’s license, and resident registration to the employee of the Defendant Matz as the Plaintiff, and entered into a lease agreement with Defendant Matz as to Defendant Matz’s 4MAIC vehicle (hereinafter “instant vehicle”) with the lessee D, acquisition tax, registration unit, and public bond issuance cost (75,831,140 won (of them), monthly rent of KRW 1,313,300, and contract period of KRW 60 months with the Plaintiff’s name “1 lease agreement” (hereinafter “instant joint and several surety agreement”). The joint and several surety agreement was concluded with the Plaintiff’s name entered in the column of the above lease agreement and entered the Plaintiff’s name in the name as joint and several surety agreement.

B In addition, on the same day, the Defendant Hyundai Capital’s employee issued the Plaintiff’s certificate of personal seal impression, seal imprint, identification card, and resident registration certificate under the Plaintiff’s name as the Plaintiff himself, and the Plaintiff’s lease agreement with the Defendant Hyundai Capital Co. 250 (hereinafter “instant two vehicles”) with respect to “lease contractor’s total lease amount of KRW 91,820,000, including the Plaintiff, acquisition tax, acquisition tax, public bonds, automobile tax, and monthly lease fee of KRW 1,90,000, contract period of KRW 60 months.”

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