1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Quotation of judgment of the first instance;

A. The Plaintiff filed a claim against the Defendant for service costs under the instant financial contract and the claim for service costs under the instant real estate price contract. The first instance court dismissed part of the claim for service costs under the instant financial contract, and ② dismissed part of the claim for service costs under the instant real estate price contract, and only the Defendant appealed against the claim for service costs under the instant real estate price contract (the Plaintiff appealed after appeal). Accordingly, the subject of the first instance judgment is limited to the part against the Defendant out of the claim for service costs under the instant financial contract.

B. The reasoning for the court’s explanation on the instant case is as follows, except where the Defendant added the following judgments as to the matters alleged in the trial, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendant asserts that the instant financial contract is null and void in violation of Articles 3 and 11-2(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, since the Plaintiff claims loan brokerage fees by entering into the instant financial contract with the Defendant, while running the loan brokerage business without registering the loan brokerage business.

The term "loan brokerage business" means acting as a broker (the term "loan brokerage business" is defined as follows; 2. The term "loan brokerage business" refers to acting as a broker for a loan business under Article 2 subparagraph 2 of the Act on Registration of Credit Business, etc. and Protection of Finance Users and Protection of Finance Users). The term "business" in this context refers to continuously repeating the same act (see, e.g., Supreme Court Decision 2012Do4390, Jul. 12, 2012). Thus, the statement in subparagraph 15 of subparagraph 15 alone is without having the Plaintiff registered the loan brokerage business with the competent administrative agency.