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(영문) 서울남부지방법원 2015.08.18 2015가단202012
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 claim is a person registered as a business entity of “B” mobile phone wholesale and retail business entity (hereinafter “instant business entity”).

The actual operator of the instant enterprise requested C or C to lend only the name of the Defendant Company D to the Plaintiff due to the relationship with the bad credit standing, and the Plaintiff was registered as the business operator of the instant enterprise and entered into the Plaintiff’s agency contract between C and the Defendant on January 23, 2014.

The defendant asserts that the plaintiff has a claim equivalent to 44,259,040 won, such as the price of goods, pursuant to the above agency contract, but the plaintiff is not a party to the above agency contract, and there is no reason to assume any other responsibility. Thus, the plaintiff filed the lawsuit in order to obtain confirmation that there is no obligation equivalent to 44,259,040 won under the above agency contract with the defendant.

2. The fact that the Plaintiff was registered as the business entity of the instant business entity, and the fact that the agency contract was concluded with the Defendant in the name of the Plaintiff on January 23, 2014 does not conflict between the parties.

Furthermore, as to whether the above agency contract was concluded with the Defendant’s request by the Defendant with only the name lending to C, the respective statements in the evidence No. 2-1, No. 2, and No. 3, which seem to correspond thereto, are not trustable in light of the witness witness’s testimony, and there is no other evidence to acknowledge it otherwise.

Rather, comprehensively taking account of the statements in Eul evidence Nos. 1 through 17 and the purport of the entire pleadings in witness D’s testimony, C concluded a mobile phone agency contract on behalf of the Plaintiff on January 23, 2014, and the fact that the Defendant’s compensation of KRW 41,643,800 due to the loss of the mobile phone and conviction card supplied by the Defendant to the instant business, and the public charges to be recovered by the Defendant from the instant business was 2,615,240, can be acknowledged. Thus, the Defendant bears the Plaintiff’s obligation equivalent to KRW 44,259,040 (= KRW 41,643,800) under the said agency contract.

(c).

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