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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 57,702,110 as well as the full payment from the day following the day this judgment became final and conclusive.
Reasons
1. In the absence of dispute between the parties to the underlying facts, or in full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 to 7 and Eul evidence Nos. 1 and 2, the following facts may be acknowledged:
On June 28, 2010, the Plaintiff entered into a service agreement with Defendant Limited Company A (hereinafter “A”) on which the Plaintiff’s business affairs related to the handling of the Plaintiff’s loan products are entrusted to Defendant A (hereinafter “instant service agreement”). The main contents are as follows.
Article 1 (Definition of Terms) Definition of Persons Related to Business Entrustment shall be as follows:
(3) General sales store: A (hereinafter referred to as “Plaintiff”) enters into a transaction agreement with B (hereinafter referred to as “Defendant A”) without an alliance agreement, and refers to a secondhand trading company that sells used cars or construction machinery using financial products of A under its responsibility.
(4) A buyer: A person who requests the use of installment financing and general loan goods from among customers of a general sales store to consent to loans.
Article 3 (Business Services Subject to Contract) (1) Business affairs subject to contract for business services with Gap shall be as follows:
1. Mediation of applicants for installment financing and general loan goods, etc. by Gap;
2. Confirmation of the authenticity of purchase of motor vehicles or construction machinery, loan applicants, and joint and several sureties;
3. Article 4 (Payment of Service Fees) (1) of the confirmation of required loan documents (payment of Service Fees) (1) A shall pay service fees in connection with loan handling business services of B, and the provisions on the service fee rate shall be prescribed separately, and shall be followed accordingly;
Article 5 (Application for Installment Financing) (1) A is required to file an application for installment financing on his/her own behalf with a buyer, including submission of a sales contract and a tax invoice, which makes it possible to verify the purchase of a vehicle and all documents related to the preservation of the claim to the installment financing agreement executed by a buyer or a general seller at his/her own responsibility, along with documentary evidence
(2)