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(영문) 서울중앙지방법원 2021.03.11 2019가단5217615

손해배상(기)

Text

1. The Defendant’s KRW 60,000,000 as well as to the Plaintiff’s KRW 6% per annum from August 27, 2019 to March 11, 2021.

Reasons

1. Basic facts

A. On June 16, 2016, the Plaintiff entered into an agreement with the Defendant to entrust the Defendant with part of the business affairs pertaining to the loan products handled by the Plaintiff (hereinafter “instant agreement to entrust the instant business affairs”). The details relating to the instant agreement are as follows.

Article 2 [Method of Collecting Document and Duty of Good Faith] (3) The defendant shall assume all responsibility for the matters falling under Article 3.

Article 3 [Scope of Entrusted Duties] (1) The scope of duties entrusted by the plaintiff to the defendant shall be as follows:

1. Customer intermediation of loan products;

2. The scope of loans shall include passenger car loans, commercial car loans, construction machinery loans, etc.

3. Customer identification and self-verification of lending products;

5. Confirmation of the preparation and authenticity of all documents related to loan products;

6. Article 8 [Responsibility, etc. to Return Loans] (1) Where the Defendant falls under any of the following, the Defendant shall immediately return the loans to the Plaintiff:

In addition, the defendant should pay interest from the date of loan to the date of collection of the loan, expenses incurred in collecting the loan, etc. to the plaintiff.

2. Where the defendant fails to perform his/her duty after the loan was executed on the premise of the defendant's ex post facto disposal (including the establishment of a mortgage on motor vehicles and the submission of supplemental documents);

3. Where the plaintiff's loan claim against the customer is denied because the defendant's joint and several surety, agent, or employee fails to verify the customer's signature;

B. Circumstances 1 relating to the credit transaction agreement with C) The Defendant determines on behalf of the Plaintiff on April 20, 2017 as follows: (a) KRW 137 million per annum; (b) interest rate of KRW 9.9% per annum; (c) interest rate of delayed damages (20.9% per annum less than three months; (d) interest rate of not less than three months and less than six months per annum; and (e) interest rate of not less than six months and less than 21.9% per annum; and (e) maturity of not less than six months and not less than 6 months. < Amended by Presidential Decree No. 20348, Apr. 20, 202