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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received a loan from the Defendant and intended to purchase used cars from E with the loan as the introduction of Drawer F Co., Ltd. (hereinafter “E”).
B. On September 1, 2017, the Plaintiff signed an agreement on the erroneous debate and a special agreement on the payment of loans with the content that the Plaintiff wishes to transfer the loans to the HUnion account (I) in the name of the Defendant, a partner company, G. G.
(hereinafter “instant loan agreement”). A vehicle information model: CS 250d, annual payment: 2016, vehicle price: 71,500,000, vehicle number: 76,000, interest rate: 13.9% per annum: 36 months per annum; 2,593,810 won per annum: 2,292,326, first payment on September 201:
On August 31, 2017, K, an employee of the Defendant, confirmed the Plaintiff himself by telephoneing the phone, and confirmed whether the instant loan agreement was directly prepared, details of the loan, etc.
After that, the Defendant remitted KRW 76,00,000 to the above account in the name of G in accordance with the special agreement on the payment of the above loan, and the transfer of ownership was completed on September 18, 2017 in the name of the Plaintiff on the instant automobile.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, 2, 5 through 10, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Installment Transactions Act (hereinafter “The Installment Transactions Act”) provides that the Defendant does not explain the terms of the instant loan agreement to the Plaintiff and does not deliver all relevant documents, such as the loan agreement, etc.
2) Since the Plaintiff violated Articles 5 and 6, the instant loan agreement, which is an indirect installment contract, is null and void. 2) If the Plaintiff purchases used cars through the instant loan agreement, the Plaintiff would pay the monthly installments instead of paying the monthly installments.
A motor vehicle shall be used only during the installment period, and then in E.