Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a debt collection delegation contract with the Defendant Company (hereinafter “instant contract”), and deposited KRW 56,430,000,000 in the Defendant Company’s account after receiving KRW 56,430,00 from the Defendant Company’s third debtor, the Defendant Company, the third debtor, the Defendant Company, who requested the collection of KRW 56,430,00 from the Plaintiff Company, to the Plaintiff’s bank account, around October 2, 2008, while the Plaintiff was working as a delegated debt collector under Article 27(2)2 of the Use and Protection of Credit Information Act (hereinafter “trustee”).
B. Article 7(2)4 of the contract of this case provides that "the delegating collector shall deposit the price or the debt collection amount in the bank account as determined by the company in connection with the delegated collection business in cash, and shall not receive it directly in cash, etc." Article 6 provides that "the delegating collector shall cooperate in the audit or investigation conducted by the company in connection with the delegated business of the company in good faith and shall not refuse or interfere with it." Article 8(2)4 of the contract of this case provides that "the delegating collector intentionally or by negligence violates this contract of this case, related Acts and subordinate statutes, regulations, guidelines, ethical rules, internal rules related to the delegated business of the defendant company, procedures and guidelines."
C. Article 10(1) of the instant contract provides that “The delegating collector shall incur damages to the delegating collector due to the suspension or termination of the contract without reasonable grounds of the company.”