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Reasons
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(영문) 울산지방법원 2014.09.17 2013가합3985
채무부존재확인
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff Newsung Co., Ltd. (hereinafter “Newsung”) permitted the Plaintiff to use the name of the Plaintiff’s newness at the time of concluding a sales contract that purchased 347 used cars, etc. from the Defendant with respect to the company operating the used cars transaction business.

(2) The Defendant is an information and communications business and electrical construction business, and the KTdong Co., Ltd. (hereinafter “KTdong Co., Ltd.”) is entrusted by the Defendant with the business of selling non-processed goods, and is acting on behalf of the Defendant for the Defendant.

B. The conclusion of the sales contract (1) concluded with the Plaintiff that: (a) both the payment of the purchase price and the acquisition and disposal of used vehicles related to the sales contract are responsible for and dealt with; and (b) all the legal rights and obligations arising from the sales contract belong to the Plaintiff A (hereinafter “instant title trust agreement”); and (c) the Plaintiff consented to the Plaintiff’s use of the Plaintiff’s name.

(2) On March 29, 2013, Plaintiff A entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, the Defendant’s agent, to purchase KRW 489,50,000 (including value-added tax) of high vehicles, such as treatment business automobiles, from the Defendant, with the Plaintiff’s agent, with the following terms and conditions (hereinafter “instant sales contract”).

Standard Contract Terms for Vehicle Sale: KT2013 Unused Sale Contract Price for Vehicles (Treatment EM 93 et al.): 489,500,000 won (including VT) in gold sale price of KRW 48,950,000: gold sale price of KRW 48,950,000,000; Other matters

1. The proceeds from sale shall be paid in full within fourteen days from the date of contract;

2. The transfer of ownership shall be completed within 45 days from the date of the contract.

Article 1 (Purpose) (1) of the Special Conditions for the Contract for the Sale of Vehicles shall be the defendant.

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