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(영문) 대전지방법원천안지원 2013.04.12 2012가단24329
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

A. A. Around April 201, the Plaintiff purchased and used a car from Hansung Automobile Co., Ltd. (hereinafter referred to as “ Hansung Automobile”) using installment financing of Korea Social Services Korea Co., Ltd. (hereinafter referred to as “Masung”), but on April 25, 2012, the balance of the said installment financing obligation was KRW 13,333,400.

B. On May 2012, the Plaintiff accepted a new car with the offer that “I would deliver the new benz E300 vehicle on the condition that I would pay the balance of the installment financing obligation if I would pay 920,000 won for additional charges and registration fees, and pay for the said benz E200 vehicle in use.”

C. However, around May 14, 2012, the Defendant drafted an application for installment financing with the Plaintiff’s seal imprint and signature forged the Plaintiff’s seal impression and signature, thereby making the principal KRW 68 million.

The Plaintiff did not have entered into an installment financing agreement with the Defendant, and accordingly, the Plaintiff sought confirmation as to the Defendant, on May 14, 2012, since there was no installment financing obligation of KRW 68 million against the Defendant.

2. In full view of the purport of the entire pleadings, the Plaintiff’s certificate No. 1 (as a result of this court’s seal comparison, the part of the Plaintiff’s seal impression in the above document is reversed and sealed, and it is presumed that the authenticity of the entire document is established. The Plaintiff’s assertion that the above seal imprint was forged by the Defendant, but there is no evidence to acknowledge it. Therefore, the above assertion is without merit) can be acknowledged that the Plaintiff entered into an installment financing agreement with the Defendant to purchase a vehicle of KRW 68 million with a view to purchasing a vehicle of KRW 68 million with the price of KRW 68,880,00 and KRW 2,260,300 with the Defendant around May 14, 2012.

In addition, according to the evidence Nos. 1-5 and 2-2, the defendant is at the time the plaintiff's certificate of seal imprint, copy of passbook, certified copy of resident registration card, and copy of driver's license.

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