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(영문) 부산지방법원 2015.08.06 2014가단82596
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In light of the following facts, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 5 collected the purport of the entire pleadings, Eul evidence Nos. 1, 2, and Eul evidence No. 1 and 5, the applicant for the loan is the plaintiff, the automobile model is 8 million won, the loan amount is 13.9% per annum, the loan period is 24 months, the installment amount is 383,725 won per annum (the first installment is 425,108 won) and the defendant company (the first installment was changed from "Korea Financial Co., Ltd." on March 20, 2014 to "KFF Capital Co., Ltd."), which was confirmed by the defendant on March 10, 2014 (hereinafter "the automobile contract of this case"), and Article 5 of the terms and conditions attached to the agreement provides that the seller shall pay the whole or part of the loan amount to be paid to the defendant under the contract of installment financing directly or on behalf of the seller.

2. The assertion and judgment

A. The plaintiff's assertion was proposed by C and D to purchase a motor vehicle owned by E (FB) on condition that it will acquire a bank loan of KRW 4 million and issued a certificate of personal seal impression and a certificate of personal seal impression in the name of the plaintiff to them, and there was no authority to enter into the instant motor vehicle installment financing contract with the defendant.

Nevertheless, C et al. prepared the instant automobile installment financing contract using a certificate of personal seal impression and a certificate of personal seal impression received from the Plaintiff.

Therefore, there is no obligation under the automobile installment financing contract of the Plaintiff against the Defendant.

B. We examine the judgment, and then examine the defendant's name, and then examine the fact that the defendant's seal is affixed after the defendant's name, and there is no dispute between the parties.

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