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(영문) 의정부지방법원 2019.04.04 2018나209639
채무부존재확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a stock company that runs a used car sales business. The Defendant is a stock company that runs a specialized credit financial service business, such as installment financing, credit loan, or secured loan, and E Co., Ltd. (hereinafter “E”) is a stock company that concludes an agreement with the Defendant to entrust the business of mid- and mid-term AGENCY with the Defendant and performs the business of arranging loan, loan, lease, or general loan contracts.

B. The Plaintiff received loans from the Defendant from the Defendant, and agreed to purchase benz used cars (hereinafter “the instant vehicle”) upon the Defendant’s solicitation, and upon the introduction of the said dr, the Plaintiff placed his seal, certificate of employment, and certificate of personal seal on the part of the staff J’s staff.

On July 5, 2017, the above K affixed the Plaintiff’s seal on the terms and conditions related to the payment of loans, which require the transfer of the agreement and loans to the F Bank account in the name of E, as follows:

(hereinafter) A loan agreement concluded on July 5, 2017 in the name of the Plaintiff (hereinafter “instant loan agreement”). A vehicle information model: CS 350, annual: 2014, vehicle price: 62,70,000, vehicle number: 60,000, vehicle number: Conditions for H loan: 13.9% per annum: 36% per annum; and 36 months in installments, installment, installment, installment payment, and first installment: 2,047,744, first installment: August 5, 2017;

On July 5, 2017, I, the Defendant employee, sent a telephone to the Plaintiff and confirmed the Plaintiff himself, and confirmed the preparation of the instant loan agreement and the seal impression, and the details of the loan.

After that, according to the special agreement on the payment of the above loan, the defendant remitted 60,000,000 won to the above account in the name of E, and the above loan was remitted to the account in the name of N in the parent-friendly name of D representative through M using the trade name of L on the same day, and around July 20, 2017.

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