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(영문) 서울서부지방법원 2017.10.19 2015가합37153

구상금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 4,36,538,522 and the interest rate thereon from October 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid association established pursuant to Article 28 of the Installment Transactions Act (hereinafter “Installment Transactions Act”) to compensate and prevent consumer damage arising in relation to the business of mutual aid, and Defendant B (Co., Ltd. D prior to the change; hereinafter “Defendant Company”) is a company that absorbs E Co., Ltd. (hereinafter “E”) on October 28, 2014, and conducts funeral services, etc. in the form of prepaid installment transactions as stipulated under subparagraph 4 of Article 2 of the Installment Transactions Act.

B. On April 4, 2014, pursuant to Article 27(1)4 of the former Installment Transactions Act (amended by Act No. 13452, Jul. 24, 2015; hereinafter the same) between E and E, the Plaintiff entered into a mutual aid agreement with the Plaintiff with the effect that E would pay the Plaintiff a mutual aid fee, and that if a mutual aid accident, such as closedown of E, suspension of current account transactions, cancellation of registration, and cancellation, etc., occurs, the Plaintiff would be entitled to a mutual aid agreement with the Plaintiff, but the Plaintiff would be entitled to a mutual aid agreement with the Plaintiff to pay a security amount to the Plaintiff as a security to secure the liability for indemnity (hereinafter the “instant mutual aid agreement”). Defendant C jointly and severally guaranteed all the Plaintiff’s damage amount

The provisions relating to the instant mutual aid agreement are as follows.

In concluding a mutual aid transaction agreement with a mutual aid association (hereinafter referred to as the "mutual aid association"), the mutual aid association's "mutual aid regulations", "e.g., advance payment calculation and payment settlement guidelines", "Advance return service guidelines", and "mutual aid payment regulations" shall be applied, and consent to the following provisions:

(1) The period of a mutual aid transaction agreement under this agreement shall be from March 18, 2014 to March 17, 2015 (one year).

(2) The amount of the first request for credit limit shall be the sum of KRW 13,788,590,850,000,000,000,000.

§ 4.