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(영문) 인천지방법원 2016.12.15 2016가합673
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1 Status of the Parties 1) Net F (Death on April 4, 2015, hereinafter referred to as “the deceased”).

) The Plaintiff Incorporated Foundation A (hereinafter “Plaintiff Incorporated Foundation”)

(2) Plaintiff B is the deceased’s wife, and Plaintiff C, D, and E are the deceased’s children. 2) The Defendant is a company that engages in rental business, such as credit professional business and automobile leasing.

B. On September 30, 2014, the Defendant: (a) provided the Plaintiff’s Foundation with Benz E300 AV 4MAIC; and (b) paid the lease fees at 60 times per month in 1,235,700 per annum; and (c) paid damages for delay at 25% per annum; and (d) entered into a lease agreement under which the Deceased’s joint and several guarantee of the Defendant’s obligation to pay the lease fees to the Plaintiff Foundation (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion and the Deceased did not conclude a car lease contract and a joint and several surety contract with the Defendant, such as the instant lease contract.

Nevertheless, the Defendant asserts to the Plaintiffs that the obligation to pay the lease fee under the instant lease agreement is fulfilled, and thus, the Plaintiffs seek to confirm that there is no obligation against the Defendant under the instant lease agreement.

3. The following circumstances, which can be seen by comprehensively taking into account the descriptions of the evidence Nos. 2 through 9 (including each number), the fact-finding response results with respect to the new Korea Saemaul Depository of this Court, and the overall purport of the arguments, namely, ① the lease contract of this case where the seal of the deceased, who was the chief director at the time of the preparation of the Plaintiff Foundation, is affixed with the seal of the deceased; ② the registration certificate of the Plaintiff Foundation, the corporate seal impression, the certificate of the Plaintiff Foundation’s scholarship activities, the certificate of subscription to the Plaintiff Foundation’s name automobile insurance, the copy of passbook, and the driver’s license and the certificate of the deceased’s license

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