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(영문) 서울고등법원 2015.08.28 2014나2023469
수수료 등 보수 청구
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a company engaging in credit investigation business and credit management service business of financial institutions. The Plaintiff is a person who entered into a delegation contract with the Defendant on November 6, 2012 and performed the duty of collecting claims allocated from the Defendant.

B. On October 25, 2010, South Korea Bank Co., Ltd. (hereinafter “Korea Bank”) concluded a contract on vicarious execution for collecting special bonds between the Defendant and South Korea (hereinafter “Korea Bank”) with the Defendant to perform a contract on vicarious execution for collecting special bonds (hereinafter “contract on vicarious execution for collecting special bonds”). The main contents are as follows.

Article 1 (Definitions) (1)

(c) Special bonds: Bonds disposed of by the Bank as bad debt; and

(f) Claims preservation measures: Article 3 (Classification of Agency Fees and Persons Eligible for Payment) (1) The Korean bank shall pay to the defendant the agency fees calculated in accordance with the agency fee rate for the recovered amount (interest after including the principal provisional payment interest therein).

The rate of agency fee shall be 21.0% of the fee rate of between not less than one year and less than two years and less than two years and less than three years and less than three years and less than three years, 21.0% of the fee rate of not less than 21.5% of the fee rate of not less than four years and less than five years and less than five years to less than five years, and 26% of the fee rate of not less than 28% of the fee of agency fee according to the period of incorporation of special bonds.

However, the agency fee in the following cases shall be 1.5%:

The amount recovered according to the repayment plan with the decision to authorize individual rehabilitation and the final claim to support credit recovery;

(b) Amounts recovered from the Government Employees Pension Corporation (including loans of Cheongbaek retirement allowances).

(a) Amount recovered by the defendant's effort with an unsecured claim without any measure to preserve the claim;

B. The amount recovered by the defendant's measures to preserve claims after the delegation by the Bank

(c) not more than 3 million won;

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