구상금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 7:
On January 28, 2014, the Plaintiff, as a personal business entity that is engaged in the business of mutually concluding a contract (financial agency) service in Kunpo-si, Mapo-si, entered into an agreement on the entrustment of business affairs with Hyundai Macks Social Co., Ltd. (hereinafter referred to as “Mos Social Co., Ltd.”) on the brokerage of modern money’s social loans, loan service, etc.
B. After that, around May 2014, the Plaintiff arranged a loan to the Defendant for used cars, and vicariously performed the business of lending modern money to the Defendant. Accordingly, Hyundai Macks’ social was a loan to the Defendant for used cars (hereinafter “instant loan”) with a loan of KRW 75,00,000 and a loan of KRW 48 months for the lending period.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion was that the Defendant failed to perform the obligation under the instant loan agreement to Hyundai Macks social (the obligation to complete the registration of establishment of a collateral security with respect to the instant used motor vehicle as collateral obligation after completing the transfer registration of ownership in the name of the Defendant for used motor vehicles purchased from the instant loan, and the Plaintiff was forced to do so.
1.(a)
On December 18, 2014, according to the terms and conditions of the entrustment of administrative affairs indicated in paragraph (1), the Defendant paid the Plaintiff a total of KRW 75,706,626, including the instant loans and interest in arrears, on a deposit basis. The Defendant is obliged to pay the Plaintiff a reimbursement of KRW 75,706,626 and delay damages.
B. First of all, we examine whether the Plaintiff subrogated for the obligation of the instant loan, and there is no evidence to acknowledge it even after examining all the evidence submitted by the Plaintiff. Rather, in full view of the purport of the entire pleadings in the statement of No. 10, Hyundai Macman’s social on December 18, 2014.