채무부존재확인
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).
140,308,291 won and 114,489,329 won among them. < Amended by Act No. 15537, Apr. 30, 2018>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is engaged in a loan recruitment agency business under the trade name of “C”, and the Defendant is a specialized credit financial business company that runs installment financing business, etc.
B. On July 1, 2015, the Plaintiff entered into an agreement with the Defendant to entrust the lending recruitment business, etc. (hereinafter “instant agreement”).
The main contents of the instant contract are as follows.
Article 2 (Method of Collecting Required Documents and Duty of Care in Good Faith) (1) B of the Business Entrustment Agreement shall have the duty of due care as a good manager in performing the entrusted duties under Article 3.
(3) B shall be fully responsible for the matters falling under Article 3.
Article 3 (Scope of Entrusted Affairs) (1) The scope of affairs entrusted by A (Defendant) to B shall be as follows:
1. Customer intermediation of loan products;
2. The scope of loans shall include passenger car loans, commercial car loans, construction machinery loans, etc.
3. Customer identification and self-verification of lending products;
4. Confirmation of the authenticity of purchase of goods related to loan products;
5. Confirmation of the preparation and authenticity of all documents related to loan products;
6. Establishment of a right to collateral security concerning loan products and verification of the first order thereof;
7. Other duties determined by A, under Article 4 (Service Fees) (1) A shall pay service fees to B for the entrusted duties under Article 3, and the matters concerning service fees shall be determined by A and notified in writing to B.
(4) A may withhold the payment of service fees in any of the following cases:
1. Where the obligation under Article 8 or 9 is not fulfilled, Article 8 (Responsibility for Return, etc. of Loans) (1) In any of the following cases, B shall immediately return the loan to A:
In addition, Eul should pay the interest from the date of loan to the date of collection of the loan, expenses incurred in collecting the loan, etc. to Gap.
2. Documents for the establishment and supplementation of a mortgage on motor vehicles after-sales management of B.