대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by taking into account each of the statements in Gap evidence Nos. 1 to 4, 7, 8, and Eul evidence Nos. 1, 2, 3, 6, and 7 (including branch numbers; hereinafter the same shall apply), witness D's testimony, and the whole purport of the pleadings.
The Plaintiff is a specialized credit finance company that operates installment financing business, etc., and Defendant B (hereinafter “B”) is a company that runs lease financing business, etc., and Defendant C is the representative of Defendant B.
B. On April 3, 2015, the Plaintiff entered into an agreement on the entrustment of business affairs with the content of entrusting loan brokerage to Defendant B (hereinafter “instant agreement on entrustment of business affairs”), and Defendant C jointly and severally guaranteed Defendant B.
The main contents are as follows:
Article 1 (Definition of Person Related to Transactions) Definition of Person Related to Entrustment of Business Affairs shall be as follows:
1. The term "A" means the "A" which is a loan operator;
2. The term “Defendant B” means a person who mediates a general loan under this agreement with the Plaintiff relating to a loan.
3. An applicant for a loan: A person who applies for a general loan product on the security of fishery products and accepts the loan;
Article 15 (Claims for Performance by Subrogation and Condition of Re-Purchase) Where a loan contract is terminated, such as occurrence of a cause for loss of benefit under a credit transaction agreement concluded between the loan applicant and the plaintiff, occurrence of defects, etc., Defendant B shall re-purchase fishery products security from the plaintiff, as follows:
1. Where a loan contract is terminated, Defendant B shall pay to the Plaintiff the principal and interest of loan, interest in arrears, and other accrued expenses to be paid by the applicant within 30 days from the date of termination of the loan contract, regardless of whether or not the security is recovered from the date of termination of
Provided, That in extenuating circumstances, Defendant B may cooperate with the Plaintiff as soon as possible (including delivery from the custodian and opposite trade) even before paying the repurchase price.