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(영문) 대구지방법원서부지원 2015.08.13 2014가단31978

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that performs the business of arranging installment financing services, and the Defendant is a company that conducts installment financing business.

B. Around March 2012, the Plaintiff and the Defendant entered into an agreement on entrustment of business affairs (hereinafter “instant agreement on entrustment of business affairs”) with the Plaintiff to provide services for the Defendant’s business affairs related to the handling of loan products, and the Defendant entered into an agreement on entrustment of business affairs (hereinafter “instant agreement”).

Around that time, the Plaintiff entered into a performance guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as the "Seoul Guarantee Insurance Co., Ltd.") on the condition that the Defendant, the purchase price of the insurance, KRW 60,000,000, and the details of the guarantee are the guarantee payment for the repayment of the loan pursuant to the business consignment agreement, and issued the guarantee insurance policy accordingly to

C. On March 2012, Nonparty A applied for a loan to the Plaintiff pursuant to the instant consignment agreement, and the Plaintiff confirmed the documents necessary for the application for the loan, such as the loan documents by the joint and several sureties (B), and delivered them to the Defendant, and the Defendant paid KRW 60,000,000 to the said Defendant on April 2, 2012.

A The Defendant filed a loan claim lawsuit (hereinafter referred to as “related lawsuit”) against A and joint guarantor B, and the Defendant accepted the claim of the Plaintiff in the lawsuit against A, but with respect to B, the documents related to joint and several sureties were directly prepared by B.

The claim of the defendant (the plaintiff in the lawsuit) was dismissed on the ground that it is difficult to see that the right to prepare was delegated to or to a third party.

Accordingly, the defendant received insurance money of KRW 60 million from the Seoul Guarantee Insurance on the ground that the obligation for joint and several surety was denied because the plaintiff did not confirm the writing signature of the joint and several surety B in handling the loan application of A, and the plaintiff again received the insurance money of KRW 60 million on February 6, 2014.