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(영문) 울산지방법원 2015.09.25 2014가단23736
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 66,50,000 as well as 5% per annum from October 25, 2014 to August 28, 2015.

Reasons

1. Basic facts

A. JBour Capital Co., Ltd. and D and Defendant Co., Ltd. (1) A (hereinafter “instant company”) are companies running installment financing and general loan brokerage business, and the Plaintiff is a substantial operator of D.

(2) On October 2012, the instant company entered into an agreement on entrustment of business affairs with respect to installment financing and general loan mediation with the JBman Capital Co., Ltd. (hereinafter “Korea Capital”); “The instant company arranged the applicants for loan goods to Korea Capital, confirmed the contractual parties’ identity, contract intent, etc., and confirmed the preparation of all documents related to loan goods and their authenticity, etc.”; and entered into an agreement on entrustment of business affairs with respect to installment financing and general loan mediation with the content of receiving service fees in return for the handling of loan affairs delegated by Korea Capital.”

(3) At the time of the instant agreement on the entrustment of business, the Plaintiff entered into a joint and several guarantee agreement on the responsibility for repayment of loans and liability for damages against our Capital Capital and Capital of the instant company.

(4) On the other hand, around April 2013, the Plaintiff entered into a contract with Defendant B with the content that the instant company would be able to jointly use the “partnership code” delegated by us Capital, etc. on behalf of the instant company, so that Defendant B could perform the loan brokerage business for us Capital, etc. on behalf of the instant company, and that the instant company would receive service fees from us Capital, etc. due to the loan brokerage business performed by Defendant B, it would be able to pay the remaining amount after deducting part of the service fees.

(5) At the time of the agreement on the use of the Code of this case (hereinafter “instant code”). At the time of the agreement on the use of the Code of this case, Defendant B, while carrying out the above project, shall be deemed to have occurred on the matters that Defendant B proceeded with, such as the submission, confirmation, and establishment of a collateral security.

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