구상금
1. Of the judgment of the first instance, the Plaintiff’s “3,850,356,805 won” and its related amount from November 21, 2017 to July 2018.
1. The judgment of the court of first instance on the summary of the case and the judgment of the court of first instance is the prepaid installment business operator under Article 2 subparagraph 4 of the Installment Transactions Act (the term "defendant company" is in accordance with the precedents of the court of first instance, and "the defendant company" is "the defendant"; hereinafter the same shall apply), and the plaintiff is the
Under the premise that a mutual aid accident occurred, the Plaintiff paid mutual aid money to the consumer (hereinafter “consumer damage compensation” or “compensation”) and claimed reimbursement, etc. against the Defendant as stipulated in the mutual aid agreement. The Plaintiff claimed payment of KRW 5,749,950,200, and KRW 4,947,136, and KRW 4,826,270, and KRW 5,759,723,60, which deducts KRW 880,000,000, KRW 1,024,540,540, and KRW 1,85,183,075, and KRW 755, which are deducted from the sum of KRW 4,947,136, and KRW 4,270, and KRW 5,759,723, and KRW 60
The first instance court accepted all of the plaintiff's claims, and appealed all of the part against the defendant.
2. Judgment on the defendant's grounds for appeal
A. The claim that the provisional seizure expense against the claim does not constitute the expense associated with the deduction does not constitute the expense related to the provisional seizure against the claim.
This part of the appeal is justified and accepted.
B. We do not accept the Defendant’s assertion that the Plaintiff paid mutual aid money without any ground, that the Plaintiff did not have the obligation to pay the mutual aid money, as the Plaintiff paid the mutual aid money without any ground.
The reasons are as follows, in addition to the circumstances in the first instance judgment, the following points are presented.
(2) The Installment Transaction Act provides for the rights and obligations under private law, such as the written principle of installment contracts, installment commission rate of installment contracts, cancellation of order and cancellation, etc. mainly for the purpose of protecting the rights and interests of consumers by ensuring fairness in transactions by installment contracts and prepaid installment contracts. In particular, the Installment Transaction Act provides for the prepaid installment business.