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(영문) 서울북부지방법원 2017.10.18 2016나38502

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an entrustment contract for loan business with the Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance”) on behalf of the Plaintiff with respect to the sales of the flaps, and purchased sn beam projector image equipment (hereinafter “the instant video device”) from “C”, a company run by the Defendant, in the form of a copy of the sn beam projector image equipment, and vicariously performed the loan procedure applied for in the Dongyang Life Insurance.

B. According to an entrustment contract for loan business concluded on August 28, 2014 between the Plaintiff and Dongyang Life Insurance (hereinafter “instant entrustment contract for loan business”), where the Plaintiff mediates the applicant for loan goods, etc. from Dongyang Life Insurance, performs the business of confirming the authenticity of purchasing the goods, confirming the applicant for loan and the joint guarantor, etc., and is entrusted with the business of transferring and installing the goods, and receives a certain fee. However, the Plaintiff is provided with a loan as requested by the Plaintiff, “where the purchaser knowingly arranges the loan to purchase the goods for the current financing purpose and sell them again to a third party” (Article 6(1)-B), “where the Plaintiff makes an application for the loan without selling the goods, or collects the goods after the sale of the goods, etc.” (Article 6(1)-C), “Where the purchaser refuses to pay the principal and interest of the loan due to unjust act, such as changing the sales contract without permission, failing to collect the goods without permission, defect liability, delay in performance by AS, etc.” (Article 6(1)6)-2)-3).

In addition, according to the terms of the agreement with C around April 21, 2015 with respect to the above lending agency, the Plaintiff is obligated to make a contract.