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1. The Defendant’s KRW 59,296,97 as well as the Plaintiff’s annual rate of 5% from October 15, 2013 to April 29, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff, a company engaging in the installment financing brokerage business, concluded an agreement to arrange the loan of loans to Hyundai Social Co., Ltd. (hereinafter “Modern Social Co., Ltd.”).
According to the above agreement, where a first priority security is not provided to modern society with respect to vehicle security loans offered by the Plaintiff, the Plaintiff must immediately return the principal and interest, etc. to modern society.
B. On March 10, 2010, the Plaintiff and B concluded a business service agreement with the purport that “B shall perform the business of recruiting and managing loan applicants with respect to the loan products determined by the Plaintiff, and the Plaintiff shall pay a certain business fee to B in return.”
C. C: (a) a person who is unable to obtain a loan under his name due to bad credit; (b) the Defendant, which became aware of the D’s introduction, asked the Defendant to the effect that “B is a person who sells freight cars in a particular way; (c) if it has made an investment, it may impose a part of the sales proceeds of the freight, or if it is known that the goods are sold, it may impose a penalty of KRW 60 million on one month if it is allowed to drive the goods directly; and (d) the Defendant accepted it.
After that, C transferred 1 million won to E of the F Cargo Vehicle Sales Co., Ltd. as down payment while purchasing F Cargo Vehicles to E, and then sent the said vehicle registration certificate (Evidence No. 2) by facsimile to B. On February 25, 2013, B prepared a certificate of vehicle transfer concerning the said vehicle (Evidence No. 3) and inquired into the Defendant’s credit and loanable amount to Hyundai Ka social.
E. On February 26, 2013, G employees visited the Defendant’s office and received necessary documents for loans from the Defendant (No. 10-1 through 7).
F. B filed an application for a mid-term loan of KRW 90 million with the above documents received from the Defendant on February 27, 2013, and Hyundai C’s social on the same day, to grant a loan to the Defendant on the same day.