(영문) 광주지방법원 2015.05.26 2014가단63808

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(영문) 광주지방법원 2015.05.26 2014가단63808

대여금

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1. The defendant shall pay to the plaintiff the amount of KRW 42,67,693 and KRW 37,027,374 from September 26, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of the secured loan business, etc., and the limited liability company B (hereinafter “B”) is a corporation established for the purpose of financial financing business, etc., and the Defendant is the representative director B.

B. On December 27, 2013, the Plaintiff and B entered into an agreement on the vicarious execution of loan business (hereinafter “instant agency agreement”) with the Plaintiff, and the main contents relating to the responsibility and obligations are as listed below.

Article 7 (Liability for Submission and Falseness of Competing Documents) ① “B” (hereinafter the same shall apply) bears the obligation to verify loan transaction applications/ agreements and other documents prepared by “B” (hereinafter the same shall apply) and to verify the authenticity of all documents submitted by “B” and the legality of all acts conducted on behalf of “B”.

③ At the same time, “B” shall, under the responsibility of “B”, immediately verify whether the first priority security was established on the security of “B” is established on the security of “B”, and if “B” neglects the obligation of this paragraph and thereby causes damage to “B” (hereinafter the same)”, “B” shall compensate for the damage of “B”.

C. Around October 2010, the Plaintiff loaned KRW 56,00,00 to C as a broker of B, and the Plaintiff did not set up a collateral on the secured goods. B agreed to compensate for the damages incurred to the Plaintiff pursuant to Article 7 of the instant agency agreement with a specific amount of KRW 39,917,00,000, while compensating for the said damages incurred to the Plaintiff.

Accordingly, between B and B on December 27, 2013, the Plaintiff: (a) interest rate of KRW 39,917,000 per annum; (b) 7.5% per annum; (c) interest rate of delay delay; (d) interest rate of KRW 25% per annum; (e) loss of interest during delay period; (d) period 48 months; (e) the 25th day of each month; and (e) repayment first KRW 948

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