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(영문) 대구지방법원 2013.10.15 2012가합9397
채무부존재확인
Text

1. Regarding installment financing agreements and each facility lease agreement entered in the separate sheet, the Defendant (Counterclaim Plaintiff).

Reasons

[This case’s main and counterclaim is an installment financing agreement entered in the separate sheet between the Plaintiffs and Defendant Han Capital (hereinafter “instant installment financing agreement”).

) Each facility lease agreement (hereinafter referred to as “each of the instant lease agreements”) and each of the instant lease agreements (hereinafter referred to as “each of the instant lease agreements”) is jointly referred to as “each of the instant installment financing agreements.”

) Since the case is related, all of them are judged together with others

1. Basic facts

A. The parties’ status 1) Defendant Han Capital is an installment financing company, etc., and Defendant Han Bank is a financial company engaging in banking business under the Banking Act, and Defendant Han Bank is a stock company G (hereinafter “G”).

(2) Defendant Han Capital entered into a contract with G business employees, including I, as its member of the sales contract workers from August 1, 2010 to August 30, 2012, on the part of GM Korea, on the part of the company engaging in the entrusted sales business of vehicles, and as the official vehicle with H area of GM Korea, from January 2009. The Defendant Han Capital entered into an agreement with G business employees, including I, as its member of the sales contract workers, and kept an application for installment financing agreement and lease goods sold by it in G.

3 In a case where a consumer who intends to buy a vehicle from G intends to use the said installment financing or lease goods in order to raise a purchase price, if a consumer prepares an application for each of the said financial goods and delivers it to G along with the relevant documents, he/she has entered into an installment financing agreement or lease agreement with a consumer using the method of requesting payment by submitting it to Defendant Han Capital.

B. On July 2012, the Plaintiffs, including the documents related to G, visited G stores to take a vehicle into account, and the G representative director, upon receiving a recommendation from J, that “I may live in a gald passenger car at a discounted price, and if I are short of funds, I may live in a vehicle through installment financing company” and receive a installment financing and make it fraudulent, and credit necessary to purchase the vehicle, etc.

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