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(영문) 서울중앙지방법원 2020.06.09 2019가단5164001
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 126,659,361 and the interest rate of KRW 12% per annum from July 31, 2019 to the date of full payment.

Reasons

1. Basic facts

A. With respect to the handling of installment, lease, general loan, etc. (hereinafter “financial product”) related to C Co., Ltd. (hereinafter “C”) and C Co., Ltd.’s new and used cars (hereinafter “C Co., Ltd.”), the Plaintiff entered into a business agreement with C Co., Ltd. (hereinafter “instant business agreement”).

B. From around 2016, the Plaintiff: (a) registered the Defendant as the Plaintiff’s business employee; and (b) concluded an entrustment contract with the Defendant to pay 2% to the Defendant 2.2.5% of the amount of the consignment loan (hereinafter “instant consignment contract”) by entrusting the business related to other financial product contracts, such as introduction of applicants for financial products, guidance and consultation on financial products conditions, receipt of necessary documents, etc.

C. On April 30, 2019, the Defendant received an application from the Plaintiff for a loan for the purchase of D’s E-sports cars, and the Plaintiff, following the C’s review, implemented an erroneous loan to D.

D In the above debate loan, it was agreed to set up a mortgage on C in the future after registering the transfer of benz car under D's name.

C The Company paid to the Defendant KRW 59,965,00,00,00 for the Lao Loan (hereinafter referred to as “D Loan”).

On May 8, 2019, the Defendant received a loan application from F for the purchase fund of G Pesta car from the Plaintiff, and the Plaintiff, following the review of C.C., implemented the Mesta loan to F.

From the above debate loan, F entered into an agreement to set up a mortgage on C in the future after registering the transfer of ownership of Paby car in the name of F.

C Company paid 64,965,000 won to the Defendant for debate loans (hereinafter referred to as “F loans”).

E. The Defendant, at KRW 59,965,00, deducted the amount of debt to D’s Defendant at KRW 59,965,00, remitted the remainder of KRW 17,865,450 to H as an individual during the sales of the said benz automobiles.

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