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(영문) 광주지방법원 2015.07.17 2014나10669
보증채무금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

On January 25, 2010, the Plaintiff entered into an entrustment contract for loan recruitment business (hereinafter “instant contract”) with B Co., Ltd. (hereinafter “Nonindicted Company”) on the following grounds: (a) from January 25, 2010 to January 25, 201; (b) from January 25, 2011, the scope of entrustment of business affairs is general funds (stock purchase funds); (c) personal information, etc. necessary for loan review; and (d) other incidental activities related to loan.

At the time of the conclusion of the contract of this case, the non-party company made a substitute payment to the non-party company for non-performing loans (the loan claims against the customer who lost the benefit of time and the loan claims the collateral ratio of which is less than 100%) with respect to the loan executed by the plaintiff through the invitation of the non-party company and the balance of the loan which the plaintiff failed to recover with the deposit in the collateral account (Article 6). In the course of dealing with the loan recruitment business, if the plaintiff violated the terms of the contract or caused damages to the plaintiff or the applicant for the loan due to illegal or unjust act, the non-party company made a substitute payment to the non-party company and its officers for the collateral, and agreed to grant the non

(Article 16) (Article 16). At the time of the conclusion of the instant contract, the non-party company and its representative director and C/D, which are the non-party company and its other executives, agreed to jointly and severally compensate for damages if the non-party company fails to perform its obligation to compensate as prescribed in the said contract, and to issue and notarized promissory notes with a face value of one billion won per share to secure the performance thereof.

(hereinafter “instant agreement”). The non-party company and the defendant deposited the accident security deposit with the Plaintiff as the depository financial institution in order to secure the obligation of subrogation for non-performing loans and the obligation of compensation for damages under the instant contract, and the Plaintiff as the pledgee on the accident security deposit.

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