beta
(영문) 대구지방법원 서부지원 2018.04.25 2016가단3342

구상금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 91,497,547 and Defendant A with respect thereto from April 12, 2013 to May 2, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company that provides capital, credit loan, and loan brokerage services, concluded an agreement on the arrangement of loan products by Aju Capital Co., Ltd. (hereinafter “Aju Capital”);

According to the above agreement, if the plaintiff and the debtor did not fulfill the conditions of the loan approval, such as the conditions of establishment of first priority collateral mortgage, with respect to the vehicle loan arranged by the plaintiff and the debtor, the plaintiff shall immediately return the principal and interest of the loan to the Aju Capital.

B. On March 10, 2010, the Plaintiff and C concluded a business service agreement with the purport that “C performs the business of inviting and managing loan applicants for the loan products determined by the Plaintiff, and the Plaintiff shall pay C certain business fees in return.”

C. D is a person who is unable to obtain a loan under his own name due to bad credit, and is a person who purchased a heavy cargo vehicle with a loan from vehicle purchase in the company capital, puts it on a business license plate, and then resells it and pays profits by re-sale. If only the name of the party is leased, D requested the Defendant A to purchase the cargo vehicle with a loan under the name of the party, resell it, sell it, and sell it, and sell part of the profit to the party.” The Defendant A accepted it.

D In order to purchase the Cargo Vehicle E (hereinafter “instant vehicle”) to the staff of the astronomical Motor Vehicle Trading Co., Ltd., the remittance of KRW 1 million to the down payment, and then inquire of the Defendant A into the loan in the name of the Defendant.

E. On January 25, 2013, Defendant A issued a certificate of personal seal impression, certified copy, identification card copy, seal imprint, and copy of passbook necessary to apply for a loan to employees of C, and Defendant A issued a copy of the loan amounting to KRW 93,00,000 on the same day, interest rate of KRW 19.9% per annum, and 48 months per additional period.