(영문) 춘천지방법원강릉지원 2017.11.28 2016가합50668

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(영문) 춘천지방법원강릉지원 2017.11.28 2016가합50668

자동차운송사업면허양도 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the network C are between the parties, and the network C and D are between the workplace employees who were enrolled in the same company, and D and the Defendant are the legal couple who reported marriage around 2009.

B. Upon the request of the network C, the Plaintiff lent money to D from around 2008 and received part of the money.

D) On January 26, 2011, the Plaintiff agreed to settle the remaining debt amounting to KRW 65 million, and the Defendant prepared a certificate of borrowing (Evidence 1-1-2) in the Defendant’s name entered in the terms of borrowing KRW 65 million from the Plaintiff at the interest rate of 2% per month without fixing the maturity date for payment (hereinafter “the loan agreement in this case”). D issued the certificate of the Defendant’s personal seal impression (Evidence 1-2) issued by proxy.

C. On February 7, 2011, D, under the name of the Defendant, set the due date for the instant loan agreement as July 20, 201, and issued to the Plaintiff each letter (Evidence A2) in the name of the Defendant stating the Defendant’s intention to establish a provisional disposition and a collateral mortgage regarding the Defendant’s vehicle at the time of default. On February 8, 2011, D created a mortgage on the cause of KRW 65 million for the mortgagee, the mortgagee, the Defendant, the Defendant, the Defendant, and the bond value on behalf of the Defendant (hereinafter “Defendant”) on behalf of the Defendant.

D On May 24, 2011, after confirming the terms of the instant loan agreement and preparing a certificate of borrowing (No. 4-1, hereinafter referred to as the “certificate of borrowing”) in the name of the Defendant stating the repayment plan, and the Defendant issued a certificate of personal seal impression (No. 4-2, hereinafter referred to as the “certificate of personal seal impression”) to the Plaintiff along with the certificate issued by the Defendant himself.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 3-1, 2, 4-2, 5-1 to 11, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion D is delegated with authority from the defendant, or is the defendant's spouse's right of temporary residence.

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