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(영문) 서울중앙지방법원 2017.11.08 2017가단52819
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion B by deceiving the Plaintiff, and received a loan from the Defendant for automobile installment in the name of the Plaintiff.

There is no installment obligation against the defendant.

2. Facts of recognition;

A. On August 31, 1998, the Plaintiff entered into a contract on the installment financing of automobile (1) Hyundai installment financing Co., Ltd. (hereinafter “Modern installment financing”).

B) On July 27, 200, the Plaintiff agreed to provide installment financing services to receive a loan of KRW 5,100,000 from Hyundai Capital for a loan of KRW 36 months and on equal terms and conditions for repayment of principal and interest. On July 27, 2000, the Plaintiff agreed to receive a loan of KRW 8.5 million from LG Capital for a loan of KRW 36 months and monthly payment of KRW 337,950 (hereinafter “instant installment financing agreement”).

(2) On May 13, 2005, the Defendant acquired the claim against the Plaintiff under each of the instant contracts from Hyundai installment financing and LG Capital, and completed the notification of the transfer of the claim to the Plaintiff at that time.

B. On June 22, 2006, the defendant filed a lawsuit against the plaintiff for the claim for the amount of the transfer money (which means an amount calculated by the ratio of 17% per annum from April 1, 2005 to the date of full payment) with respect to the following claims, including the claims under each contract of this case, and the judgment below became final and conclusive around that time.

C. On July 30, 2013, the Plaintiff filed an application with the Defendant for the adjustment of obligations under the above judgment, accompanied by the letter of debt approval.

The relevant criminal case B obtained a loan from the Plaintiff in the name of the installment financing company and received documents related to the vehicle purchase loan, upon the request of the Plaintiff to deliver the sales proceeds, and used the 6,375,000 won of the vehicle sales proceeds for the Plaintiff at his own discretion during July 200 while being kept by the Plaintiff.

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