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(영문) 대구지방법원서부지원 2014.12.11 2013가합4839
채무부존재확인
Text

1. The Defendant’s notary public against the Plaintiff No. 772 of the document 2009, dated March 26, 2009, dated March 26, 2009.

Reasons

1. Basic facts

A. (1) The conclusion of a loan brokerage contract, etc. (1) Dongyang Capital Co., Ltd. (hereinafter “Dongyang Capital”) concluded a loan applicant recruitment contract with a financial institution (hereinafter “Dongyang Capital Co., Ltd.) on January 15, 2008 (hereinafter “C Co., Ltd.”); the actual operator of C Co., Ltd. is the defendant; C Co. was dissolved under Article 520-2 of the Commercial Act on December 2, 2014; and C Co. was dissolved under Article 520-2 of the Commercial Act) to request a loan applicant recruitment contract between the financial institution (Dongyang Life Insurance Co., Ltd., Ltd.) to act on behalf of the lending applicant, such as arranging loan applicants, vicarious loan business, confirmation of loan application documents, etc.; in the case of loan claims subject to the establishment of a mortgage, C Co., Ltd. should have the collateral created under its responsibility and, if the principal and interest of a loan continues to be paid for 60 days or more without the establishment of a mortgage.

(2) Accordingly, on April 1, 2008, if the Plaintiff secured the applicant for truck purchase at the request of a branch company, etc. and received loan application documents, etc. from the Plaintiff and offered them to C Company, C Company entered into a loan brokerage agreement (hereinafter “instant brokerage agreement”) with the Plaintiff to pay the Plaintiff a certain fee upon the completion of the establishment of the right to collateral security upon examining the applicant’s credit and security, etc. and determining whether to grant the loan.

B. (i) The Plaintiff has recruited loan applicants under the instant arrangement agreement and continued the transaction of loan brokerage and loan brokerage with C Company and Dongyang Capital. At the request of the Plaintiff, Dongyang Capital from April 28, 2008 to October 7, 2008 is not more than D and eight persons.

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