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(영문) 서울중앙지방법원 2015.07.02 2014가합578430
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Status 1 of the parties to the case

) The company is a company that runs the general and special trucking transport business, etc. (hereinafter referred to as “YOB”)

(2) The Defendant Hyundai Capital Co., Ltd. is a company operating a cargo transport business, which is identical to the new transport business and the address and representative director of the headquarters. The above two companies are separate corporations, but are operated as one company.

B. On July 28, 2013, the Plaintiff entered into an entry into an entry contract with the New Airport (hereinafter “instant land entry contract”). The details thereof are as follows: (a) the Plaintiff purchased cargo vehicles and invested them in kind to the New Airport; and (b) the New Airport entrusts the Plaintiff with the operation and management right of the said cargo vehicles.

C. On May 20, 2014, Hyundai Motor Co., Ltd. (hereinafter “Modern Motor”) entered into a contract for vehicle sales and a new installment loan contract

2.5 tons from 2.5 tons of the Cargo Vehicles (hereinafter referred to as “instant Cargo Vehicles”).

(2) On July 28, 2014, the Plaintiff purchased cargo vehicles and entered into a new installment loan agreement with the Defendant (hereinafter “instant loan agreement”) on the same day, and paid KRW 200,000 to Hyundai Motor. (2) On the same day, the Plaintiff agreed to borrow KRW 59 million from the Defendant and pay the principal and interest in installments for 60 months.

3) Around that time, the Defendant paid the instant cargo vehicle price to Hyundai Motor under the instant loan agreement. D. The instant cargo vehicle was released on July 27, 2014.

2 On July 29, 2014, C, an employee of the New Transport Service, newly registered the instant cargo vehicle in the name of the New Transport Service.

At the time of this case.

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