약정위반에 따른 손해배상 청구의 소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Basic facts
A. The Plaintiff and the Defendant Company A (hereinafter “Defendant Company”) agreed to entrust part of the business affairs related to the loan products to the Defendant Company and conclude an agreement as follows.
Article 2 (Method of Demand for Required Documents and Duty of Care) (1) The defendant company shall have the duty of due care as a good manager in performing the entrusted duties under Article 3.
② The Defendant Company shall collect all required documents and expenses in the name of the customer from the customer to submit them to the Plaintiff, and all facts that may affect the approval of the lending product must be notified and explained to the Plaintiff.
(3) A defendant company shall be fully responsible for matters falling under Article 3.
Article 3 (Scope of Entrusted Affairs) (1) The scope of affairs entrusted by the plaintiff to the defendant company 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. Business of creation of a right to collateral security and confirmation of the first priority in relation to loan products: (1) The plaintiff shall pay service fees to the defendant company for the entrusted business under Article 3; and the matters concerning service fees shall be determined by the plaintiff and notified in writing to the defendant company.
Article 6 (Approval of Loans and Payment of Loans) (1) With respect to an application for a customer's loan, the Plaintiff shall notify the Defendant Company as to whether to approve the loan within / [ from the date when the Defendant Company submitted all the loan
If the plaintiff fails to notify the approval of loans within the above period, it shall be deemed that the approval is refused unless the plaintiff expresses another intention.
② The Plaintiff’s approval is alone.