(영문) 서울중앙지방법원 2019.10.02 2019가합526090

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(영문) 서울중앙지방법원 2019.10.02 2019가합526090

청구이의

Text

1. The defendant,

A. The payment order for the claim against the Plaintiff A is the Seoul Central District Court Decision 2018 tea1279017.

Reasons

1. Basic facts

A. The Defendant entered into a business partnership agreement between the Defendant and D) on December 2, 2016, and the Defendant entered into a business partnership agreement between the Defendant and D, and omitted the entry of the corporation in the name of the company in the future.

B) Between D and D, in conducting a loan business for online purchase of stocks against stock investors, D are provided with a risk management system from the Defendant and pay a certain amount of fee in return for the provision of the risk management system. The occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the occurrence of the

(D) A business partnership agreement under which the Defendant would pay damages to the principal of the loan arising into D on the grounds of such agreement (hereinafter “instant business partnership agreement”).

(2) Of the instant business partnership agreement, the parts relating to the instant case are as follows.

Article 7 (Indemnification, etc.) (1) In principle, the party liable for damages caused by any defect or defect in the course of performing the project shall be liable for damages.

(2) The term "Rmsman" (the defendant, hereinafter the same shall apply) shall ensure that the "Risk Management System" provided to the "Saving Bank" (D; hereinafter the same shall apply) can be developed, maintained and managed stably, and shall be liable for damages (excluding the standards for the principal of the loan and the interest thereon) incurred from the loan using the system.

(6) In order to clarify the liability for the loss of the principal of the loan, the term “Rmsmss company” shall be jointly and severally guaranteed within the scope of the compensation prescribed in paragraphs (2) and (3) of the preceding two paragraphs.

In such cases, "Rmsms" may exercise the right to indemnity against the customer who subrogated.

In such cases, the term "house bank" shall actively cooperate with the "Rmsman".

B. On October 24, 2017, the Plaintiffs entered into a loan agreement between D and D.

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