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(영문) 부산지방법원 2017.08.10 2017가단304341
채무부존재확인
Text

1. The Defendant-Counterclaim C:

A. The Plaintiff (Counterclaim Defendant) A is from March 1, 2017 to KRW 153,500,000 and its amount.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or each of the entries in Evidence Nos. 1, 2, 4-6 (including paper numbers; hereinafter the same shall apply) and Evidence Nos. 1-6 (hereinafter the same shall apply) may be acknowledged by considering the overall purport of the pleadings. A.

Plaintiff

A (former Name: D) is a person who carries out cargo transportation services by entering into an entrusted management contract with E and operating a container vehicle, and the Plaintiff B is a person of Plaintiff A.

B. Around April 2015, Defendant C entered into a delegation agreement with Defendant DF Capital Co., Ltd. (hereinafter “KF Capital”) on the loan business as a person engaging in the business of introducing, arranging, and vicariously performing loan business with the trade name of “F”.

C. The loan contract (hereinafter “each of the loan contract of this case”) and each of the loan applications pertaining thereto (hereinafter “each of the loan applications of this case”) written on August 11, 2015, with Defendant KF Capital and Plaintiff A as a contracting name and as a joint and several surety, and with Plaintiff B as a joint and several surety, were written on August 11, 2015. Each of the “applicant for the loan” and “joint and several surety”, including each of the loan applications of this case, each of the loan contracts of this case, and the “personal (credit) information essential” attached thereto, are signed and sealed in the names of Plaintiff A and B.

In addition, each of the instant loan applications is subject to the signature of Defendant C.

On August 11, 2015, Defendant C transferred each of the loans (hereinafter referred to as “second loan”) under the first contract (hereinafter referred to as “first contract”) specified in the attached Table among each of the instant loan contracts (hereinafter referred to as “first contract”) to Defendant C’s deposit account, and KRW 139,925,000,000, which is calculated by deducting stamp and loan expense from KRW 140,000,000,000, and KRW 13,500,000,000,000 in the second contract (hereinafter referred to as “second contract”). Each of the instant loans is the above.

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