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(영문) 대전지방법원 2018.04.05 2017가단12285
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is as follows.

- Around March 4, 2013, the Plaintiff purchased each negotiating passenger car as indicated in the separate sheet, and entered into an automobile installment agreement with the Defendant (hereinafter “instant installment agreement”).

- The Plaintiff operated a business using the said passenger car with the trade name “B”, and around October 2013, transferred the name of each of the said passenger cars to C, and at this time, the Plaintiff and C agreed to succeed to the instant installment agreement.

- Accordingly, the Plaintiff sent the instant installment agreement to Defendant D with all documents required by Defendant D for the succession of the instant installment agreement, and the instant installment agreement was succeeded to C.

- As such, although all rights and obligations under the instant installment agreement were succeeded from the Plaintiff to C, the Defendant still claims against the Plaintiff for installment payments under the instant installment agreement, and thus, the Plaintiff seeks confirmation of the existence of obligations, such as the purport of the instant claim.

2. In full view of all the evidence submitted by the Plaintiff, it is insufficient to recognize that the status of the Plaintiff pursuant to the installment agreement of this case was succeeded to C through legitimate procedures, and there is no other evidence to acknowledge it.

Rather, as revealed in the above Plaintiff’s assertion, the Plaintiff sent documents necessary for the succession to the instant installment agreement to the Defendant, and did not prove that the succession procedure was actually carried out.

Therefore, the instant claim based on the premise that the status of the Plaintiff under the instant installment agreement was succeeded to C is difficult to accept without further review.

3. Conclusion against the Plaintiff

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