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(영문) 서울중앙지방법원 2020.11.25 2020나31196

손해배상(기)

Text

The judgment of the first instance court is modified as follows. A.

The defendant shall pay KRW 953,703 to the plaintiff.

B. The plaintiff.

Reasons

1. Basic facts

A. On June 1, 2015, the Plaintiff entered into an agreement on the entrustment of document receipt (hereinafter “instant consignment agreement”) with the Defendant, who is engaged in debt collection, customer management, etc. on June 1, 2015, regarding the receipt of documents related to credit transaction handled by the Plaintiff from customers, and verification of customer identity.

Article 3 (Scope of Entrusted Business) (1) of the instant case’s business to be entrusted to “A” is as follows. The scope of business to be entrusted to “A” is as follows. Business to receive and deliver all documents for handling the credit for verifying identity of the customer directly from the customer and to “A” and other business incidental to the former business, which is entrusted by “A”. (2) The subject of the entrusted business referred to in each subparagraph of paragraph (1) is the customer of “A” provided to “B.” The details are determined by mutual agreement between “A” and “B”.

Article 4 (Performance of Entrusted Duties) (1) "B" shall comply with relevant Acts and subordinate statutes in performing entrusted duties, perform entrusted duties in good faith, and perform the entrusted duties in accordance with the principle of good faith, and shall ensure that the performance of entrusted duties is not interfered with by solving the problem at the time of occurrence of the

Article 14 (Indemnification and Exemption) (1) "A" and "B" agree to faithfully comply with all the matters under this Agreement, and shall compensate the other party for the damages incurred by the failure to comply therewith.

Provided, That this shall not apply where there is no cause attributable to the damage.

The contents of the instant case in the consignment contract are as follows:

(A) “A” is the Defendant. (b)

On May 15, 2017, the Plaintiff lent KRW 6 million to Nonparty C at a annual interest rate of 27.9%, and on May 14, 202, the maturity date of which was determined on May 14, 2022 (hereinafter “instant lending”). In relation to the said lending, C is the Defendant.