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(영문) 서울남부지방법원 2016.12.14 2015가단238042
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is liable to the Defendants (Counterclaim Plaintiff) on 9,411.

Reasons

I. The following facts in the progress of the case are recognized by comprehensively taking account of the overall purport of the pleadings, in addition to each macrodic evidence.

1. On May 15, 2014, the Plaintiff entered into an agreement with the Defendants on consignment of the duty of exhibition (hereinafter referred to as the instant agreement on consignment of business affairs) on the middle and high-ranking vehicle, who is engaged in the second and second loan arrangement, installment agency business, etc. in the name of “C”.

[A] 2. The main contents of the instant Work Entrustment Agreement are as follows:

(A) The contract states the other party to the contract as “C” but this is merely a trade name of the company operated by the Defendants and no other evidence exists to acknowledge that the above company is an independent corporation, such as a stock company. Under the following circumstances, the other party to the contract is referred to as “Defendants” (hereinafter referred to as “Defendants”). Article 2 (Conclusion of Business Entrustment Agreement) (1) The Plaintiff shall entrust the Defendants with the business related to lending goods to the extent that it does not fall under the essential business of the financial institution by complying

Article 3 (Scope of Entrusted Affairs) (1) The duties subject to the consignment agreement between the plaintiff and the defendants shall be as follows:

6. Transfer of loans to a seller (referring to a secondhand seller selling used cars to a buyer; see Article 1(3)) and returning loans due to cancellation of loans, etc.;

7. The establishment and termination agency of the second and second collateral mortgage (provisional approval of loan) (3) The Defendants must submit to the Plaintiff the register of automobiles subject to the loan, which was transferred to the buyer’s name within seven business days after the provisional approval of the Plaintiff’s loan to the buyer and completed the creation of collateral mortgage.

Article 7 (Submission of Automobile Register and Payment of Loans) (1) In the event that the Defendants submitted the register of automobile to the Plaintiff within the deadline prescribed in Article 6, the Plaintiff shall confirm the relevant proposal loans and deposit the money with the purchaser’s deposit account designated by the Defendants within the next day of receipt.

② The Defendants.

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