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(영문) 서울중앙지방법원 2017.02.16 2013가합563370
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s AU is either KRW 29,366,362 against the Defendant-Counterclaim Savings Bank Co., Ltd. and its importance.

Reasons

1. Basic facts

A. The Defendants are financial companies that run installment financing business, etc., and AV and AW concluded an agreement with the Defendants on the entrustment of business affairs with the installment financing companies such as the Defendants on the trade name of “AX” and were engaged in the automobile installment financing brokerage business.

B. The Plaintiff’s title 1) AV and AW got pressure for debt repayment due to the unreasonable expansion of business, which led to the Plaintiff’s lending of the name, and the Plaintiff’s use of the used cars by the financial company for personal purposes, such as the repayment of debt, not the purchase fund for used cars. 2) AV and AW from November 2012 to November 2013, 2013 (hereinafter “the Plaintiffs”), “The Plaintiff except the Plaintiff AH, was planning to build a used cars complex and sell used cars. It is necessary to secure a large number of used cars in advance. The Plaintiff purchased a used cars if it borrowed the name of the Plaintiff for three months prior to the opening of business, and the expenses incurred from the acquisition of the automobile will be borne by AV and AW, and the name will be transferred to another person within three months.”

3) Accordingly, the instant Plaintiffs issued to AV and AW documents verifying their identification cards, such as a copy of their identification cards, certificates of personal seal impression, and documents necessary for verifying assets and income, such as withholding receipts for wage and salary income, health insurance eligibility acquisition certificate, and copies of passbooks. 4) However, in fact, AV and AW did not have any particular property, and they were plans to use loans borrowed under the names of the Plaintiffs for the purpose of the company operating expenses, not for purchase of automobiles, and repayment of debts

In addition, AV and AW have been responsible for operating funds of approximately KRW 1 billion in a number of installment financing companies, and they transfer the name of the said company.

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