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(영문) 대구지방법원 2019.09.19 2018나317612

대여금

Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a specialized credit financial business company that operates installment financing business, etc., and Defendant B (hereinafter “B”) is a company that runs lease financial business, etc., and Defendant C is the representative of Defendant B.

B. On April 3, 2015, the Plaintiff entered into an agreement on entrustment of business affairs (hereinafter “instant agreement on entrustment of business affairs”) with Defendant B, and Defendant C jointly and severally guaranteed Defendant B’s obligations under the instant agreement on entrustment of business affairs.

The main contents are as follows:

Article 1 (Definition of Person Related to Transactions)

1. “A” means the Plaintiff who is the operator of the loan;

2. “B” means a person who mediates a general loan under an agreement on consignment with a loan-related “A”;

3. The term "loan applicant" means a person who has applied for a general loan product on the security of fishery products and consented to the loan;

Article 2 (Conclusion of Agreements for Business Services)

1. “A” means entrusting “B” with affairs related to the handling of loaned products to the extent that it does not fall under the essential business of a financial institution by complying with the regulations on authorization of a financial institution and the entrustment of business to a financial supervisory institution, and entering into this Arrangement.

Article 3 (Those Subject to Business Services)

1. The duties covered by the business services arrangements between “A” and “B” are:

(3) The authenticity and loan applicants for wholesale facilities of fishery products, the joint guarantor, and his/her obligation to verify himself/herself, ④ Management guidance on prevention of consumer damage due to the failure to perform incidental commitments, illegal recovery, etc. made to the "loan applicant". (6) Return of loans due to the transfer of loans, cancellation of loan, etc. to the "Loan applicant".

2. In principle, the affairs that are not mentioned in paragraph 1 are entrusted with the affairs.