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(영문) 인천지방법원부천지원 2020.12.11 2020가단111422
채무부존재확인
Text

1. D on March 26, 2020, at around 16:34, the E-wheeled vehicle owned by the Defendant C in the vicinity of Yongsan-gu, Seoul.

Reasons

1. Claim against Defendant B

(a)be as shown in the attachment of the claim;

(b) Judgment on deemed confessions of applicable provisions of Acts (Articles 208 (3) 2 and 150 of the Civil Procedure Act);

2. Claim against Defendant C

A. The Plaintiff purchased a vehicle from Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the ground that Defendant C was unable to operate his/her own wheels due to the same accident as stated in the purport of the claim against Defendant C, and sought payment of the loan fee. The Plaintiff is seeking confirmation of the absence of the Plaintiff’s obligation to pay the loan fee to Defendant C, since it is not necessary to borrow and lend the vehicle and is not subject to payment of the loan fee.

B. As to this, Defendant C asserts that there is no interest in confirmation in the lawsuit for confirmation of the existence of the obligation against Defendant C, since it transferred its claim to the Defendant Company. According to the evidence Nos. 1, Defendant C recognizes that it transferred its claim for the lending fee against the Plaintiff to the Defendant Company on May 8, 2020, and Defendant C clearly states that it did not intend to claim the payment of the lending fee to the Plaintiff through a written response dated September 23, 2020. Thus, the Plaintiff’s claim against Defendant C is unlawful as it is without interest in confirmation, and thus, it is so decided as per Disposition by the assent of all participating Justices.

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