약정금 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 18,300,000 to the Plaintiff (Counterclaim Defendant) and its payment from September 24, 2013 to July 10, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company that deals with the business of arranging installment financing and general loans with respect to the purchase of automobiles or construction machinery by a financial institution. The Defendant is a person who has been consigned from around 2009 to handle the said business.
B. On April 20, 2009, the Plaintiff entered into a business consignment agreement and special agreement with the Defendant as follows.
The plaintiff company (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") of the Business Entrustment Agreement shall enter into an entrustment agreement with respect to the affairs related to the handling of loan products by Gap as follows:
Article 4 (Subject Matter and Scope of Services) (1) Entrusted Affairs subject to the Business Agreement with A pursuant to this Agreement shall be as follows:
1. Arrangement of applicants for loan products;
2. Confirmation of the authenticity of the purchase of used cars related to loan products and the applicant for loan, and the joint guarantor;
3. Confirmation of the preparation and authenticity of all documents related to loan products;
4. Management and guidance of prevention of consumer damage caused by fraudulent sale by a sales store, defect liability after sale, failure to comply with an incidental promise made to a buyer, illegal recovery, etc.;
5. Returning loans to a sales store due to remittance of loans or cancellation of loans, etc. (2) In principle, the affairs not shown in the preceding paragraph shall not be entrusted with administrative affairs, and where there is a dispute in interpretation, the decision shall be made by A.
Article 5 (Duty of Care as a Good Manager in Providing Services Entrusted by A) (1) A or B shall assume the duty of care as a good manager in performing services entrusted by A.
(2) Eul shall collect all the documents and all the expenses in the name of a buyer and submit them to Gap in a lump sum from a buyer, and all the facts that may affect the approval of a loan product shall be notified and explained to Gap.
Article 6 (Service Fees) (1) A shall provide loan and handling services to B.