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(영문) 서울중앙지방법원 2017.06.28 2016나75342
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a lending company established for the purpose of credit business, which has completed registration under the Act on Registration of Credit Business and Protection of Finance Users. Defendant A (hereinafter “Defendant corporation”) is a law firm established under the Attorney-at-Law Act. Defendant B and C are the co-representative of Defendant corporation, and Defendant D co-defendant D (hereinafter “D”) of the first instance court is a person in charge of personal rehabilitation and bankruptcy as an employee belonging to Defendant corporation.

B. On November 5, 2013, in the name of the Plaintiff and Defendant Corporation, the “Agreement on the Transactions of Temporary Shutdowns” was prepared on October 1, 2013, stating that the Plaintiff loaned funds necessary for legal services, such as personal rehabilitation, personal bankruptcy, and immunity, to the customers of Defendant Corporation, and that the customers of Defendant Corporation are jointly and severally and severally liable for the Plaintiff, based on the loan transaction agreement with the Plaintiff (hereinafter “instant agreement”); the term “B” as of the end of the instant agreement was stamped by the rubber name plate of Defendant Corporation; the term “B” was stamped by the rubber name plate of the Defendant Corporation; the joint representative of the Defendant Corporation and each seal imprint of Defendant B and C are affixed thereafter; the column for joint and several sureties of “B” is written with D’s signature and seal affixed thereon.

C. The main contents of the instant agreement are as follows.

Article 1 (Purpose) The purpose of this Arrangement is to set forth all the matters concerning financing necessary for legal services, such as personal rehabilitation, personal bankruptcy and immunity, provided by A (referring to the plaintiff; hereinafter the same shall apply) to the customer by B (referring to the defendant corporation; hereinafter the same shall apply).

Article 3 (Amount of Finance) (1) A shall request A to engage in a loan transaction to a customer within the limit of the fees and expenses under the delegation agreement with the customer, and A shall be within the limit of the fees and expenses of B.

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