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(영문) 수원지방법원 2016.10.06 2015나35178
채무부존재확인 등
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the instant vehicle from C with the 2006-type B Ecuador white vehicle (hereinafter “instant vehicle”), and the Defendant (Korea Social Co., Ltd. changed the name of the Defendant on March 20, 2014; hereinafter “Defendant”) is a corporation engaging in installment financing business, credit and secured loan business.

B. On July 29, 2013, in order to pay the purchase price of the instant vehicle with the Defendant, the Plaintiff entered into an agreement to pay used cars installment payments of KRW 53,00,000 (whichever is 50%) with the Defendant, for 36 months in installment period, and for repayment of principal and interest (the first installment, KRW 1,550,388, each installment, KRW 1,966,970), interest rate per annum 19.9% per annum, interest rate per annum, 29% per annum, interest for delay, and KRW 29% per annum, and the delivery date of the instant vehicle as of July 30, 2013, the main terms and conditions of the terms and conditions incorporated in the installment financing agreement are as follows.

(hereinafter referred to as “instant installment financing agreement”). [The definitions of the terms used in this Clause are as follows:

1. "Installment financing" means a financing method whereby a financial company pays a purchase fund for goods and services lent to a debtor to the seller and receives the principal and interest of the debtor in installments from the debtor by means of an agreement between the seller and the debtor on the sales contract;

2. "Installment financing" means a loan made by a financial company on behalf of a debtor to a seller by installment financing paid.

3. “Installmentd installment” means the sum total of the amounts of loan and interest to be repaid by the debtor to a financial company.

Article 5 (Application for Installment Financing and Payment Entrustment Contract) The obligor shall pay all or part of the purchase price of a motor vehicle to the financial company for the payment to the seller.

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