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(영문) 광주지방법원 2016.09.29 2016가단18604
채무부존재확인
Text

1. The Plaintiff’s violation of Article 7(3) of the Loan Business Agency Agreement against the Defendant on December 10, 2012.

Reasons

1. Facts of recognition;

A. On December 10, 2012, the Plaintiff entered into an agreement with the Defendant for the provision of loan services, and the relevant contents of the agreement prepared at the time of the conclusion are as follows.

Article 1 (Conclusion of Contract for Services) (1) The defendant shall commission the plaintiff to act as an agent for a buyer, a loan business agency, a confirmation of application documents, delivery of documents, vicarious execution of measures for preserving claims, etc. in connection with loans, and the plaintiff shall perform the said duties entrusted by the defendant.

Article 7 (Presentation of Documents and False Liability) (3) Loans on the condition of establishing a collateral security are paid to a borrower, and at the same time, the plaintiff shall, under the responsibility of the plaintiff, immediately request the borrower to furnish documents necessary for establishing a collateral for the first collateral security of the borrower, and shall set up the collateral security within 60 days thereafter.

In such cases, the plaintiff shall verify whether the senior security has been established in the security, and if the plaintiff neglects his/her duty under this paragraph and thereby causes damage to the defendant, the plaintiff shall compensate for the defendant's

B. On August 16, 2013, the Plaintiff purchased a used vehicle from the Defendant and intended to set up a right to collateral on the vehicle from B to purchase the used vehicle with the amount borrowed from the Defendant.

The related contents of the application for the above loan are as follows:

Goods Information - The name of the goods: Doing truck, manufacturing year: 2010, Hyundai, Registration Number C, Security Contents: Facts that there is no dispute, Gap 2-3-3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1 by the parties concerned is set up a collateral security from B.

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