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(영문) 인천지방법원 2017.04.25 2016가단225482
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 25, 2015, the Plaintiff concluded a loan agreement with the Defendant on September 25, 2015 (hereinafter “instant agreement”) on a mid-term loan agreement stipulating “38,00,000,000 loan principal, annual interest rate of 9.9%, annual interest rate of 29%, interest rate of 48 months, monthly interest rate of 23 days, and method of repayment of principal and interest per month” as the introduction of Nonparty C (hereinafter “C”).

B. On September 25, 2015, the Defendant paid 38,000,000 won of loans under the instant agreement to Nonparty Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) who is a business consignment company located in the middle and high-ranking trading complex. The Non-Party Co., Ltd. paid 38,00,000 won to C on the same day.

C. C has completed the registration of transfer of ownership in the Plaintiff’s name on October 5, 2015 with respect to the instant automobile under the name of D representative E, which he had worked after receiving the said money, and the Defendant completed the registration of creation of collateral security with respect to the instant automobile as KRW 19,000,000 on the same day.

The Plaintiff paid the Defendant KRW 7,670,423 in total on eight occasions the principal and interest of the Plaintiff pursuant to the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 7, 8, and 10, fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. The Defendant, who is in charge of the Plaintiff’s claim-oriented loan, shall accurately predict the possibility of danger in the process and content of the loan, and lawfully proceed with the loan after removing the risk in a clear and transparent manner so that the loan customer does not incur any loss to the company.

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