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(영문) 서울중앙지방법원 2015.10.16 2012가합82362
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation that completed the registration of incorporation on April 20, 1989 for the purpose of insurance business and asset management business permitted by the Insurance Business Act, etc., and runs the lending business as part of the method of managing insurance assets other than the insurance business. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is running the lending brokerage business as a corporation after the registration of incorporation was completed on August 29, 1996 for the purpose of financial and insurance-related service business, etc., and Defendant A is currently in office as a director of the Defendant Company.

B. On August 1, 200, the Plaintiff entered into a loan arrangement agreement between the Plaintiff and the Defendant Company and joint and several sureties A (hereinafter “instant loan arrangement”) with the content that the Plaintiff shall be provided various services for the Plaintiff’s loan business with the Defendant Company and pay the service fees to the Defendant Company in return (hereinafter “instant loan arrangement”).

A) At the time, Defendant A, a representative director of the Defendant Company, guaranteed the Defendant Company’s obligations under the instant loan arrangement on the same day. (2) Meanwhile, around 2003, the Plaintiff entered into an additional agreement on loan-related services (hereinafter “instant additional agreement”) with the Defendant Company, and the main contents thereof are as follows.

Article 1 (Observance of Service Guidelines) In relation to the vicarious lending of loan services between the Plaintiff (Plaintiff) and the “B” (Defendant Company), “B” shall provide services on behalf of “A, such as arranging buyers, confirming documents, delivering documents, and acting as an agent for the preservation of claims on behalf of “A”, and shall comply with the service guidelines required by “A” as follows:

Article 2 (Subrogation Performance) (1) "B" shall perform services under Article 1 of the "Agreement on Loan Service Agency Services" (the Loan Brokerage Agreement in this case), and "B" shall arrange and deliver to "A".

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