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(영문) 서울중앙지방법원 2014.06.11 2013가합37611

약정금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,117,038 and the above amount of KRW 109,702,554 from June 17, 2009 to the day of full payment.

Reasons

In fact, the installment financing agreement of the installment financing agreement is concluded between the defendant and the plaintiff to confirm the mutual understanding of the parties on the installment financing agreement between the defendant and the plaintiff with respect to the installment financing provided by the plaintiff to the customers who acquire industrial goods or services such as automobiles and construction machinery from the defendant.

Section 1 (Purpose) The purpose of this Agreement is to contribute to common interest by determining all the conditions for the defendant and the plaintiff to handle installment financing, etc. for customers and by observing those conditions with mutual trust.

Article 2 (Goods to be Used) (1) Goods to be financed under this Agreement shall be goods determined by agreement between the defendant and the plaintiff among industrial goods, such as automobiles and construction machinery, sold by the defendant.

Article 3 (Business Affairs of Parties and Consideration) (1) The defendant shall perform such business as required documents required under this Article and the application for loans on behalf of the parties concerned in connection with installment financing business.

② The Plaintiff shall perform the business of granting loan approval, etc. under this Article in relation to installment financing business, and may pay the Defendant a loan brokerage fee (in return for the performance of the business referred to in the preceding paragraph) in return for the performance of the business.

The above incentives shall be calculated according to the rates separately determined on the basis of the amount of loan application under the agreement, and upon modification, the plaintiff shall notify the defendant in writing in accordance with the method prescribed in Article 14.

Article 4 (Preparation of Required Documents and Performance of Loan Application by Proxy) (1) The defendant shall directly collect all necessary documents for the loan under the name of the debtor, guarantor, etc. (hereinafter referred to as "debted person") from the persons related to the debt in accordance with the form determined after prior agreement with the plaintiff.

(2) The defendant may confirm the sale of all all the documents, goods, etc. demanded by his/her obligor under the preceding paragraph.