손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion has the loan claim amounting to KRW 405,000,00 and the damages for delay corresponding thereto, based on the loan final and conclusive judgment of the Seoul Central District Court 2012Gahap79069.
The Defendant introduced the Plaintiff to C’s operator D to lend the said money.
However, the defendant received total of KRW 47,668,00,00, which is part of the interest that the plaintiff should receive from C, as a fee for the introduction of the plaintiff to C.
It is prohibited to collect the above fees pursuant to Article 11-2 (2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.
Therefore, the defendant, in collusion with D, causes damages equivalent to the amount of the illegal fee to C by receiving the fees, and also causes damages to C in collusion with the illegal embezzlement of C's property.
The plaintiff is seeking compensation against the plaintiff on behalf of C as the creditor of C.
2. The evidence alone presented by the Plaintiff is insufficient to recognize that the money received by the Defendant from C was a fee offered by the Plaintiff to C, and no other evidence exists.
Furthermore, Article 11-2(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users prohibits a lending broker, etc. from receiving money in the name of a commission from a lending counterpart. The Plaintiff merely lent money to C, but cannot be deemed as a lending counterpart, and the Defendant cannot be said to have received a fee from the lending counterpart.
Therefore, the plaintiff's claim based on this premise is without merit to examine further.