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(영문) 대전지방법원 2016.10.28 2015가합56
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 35,493,037 and as a result, from January 28, 2015 to October 28, 2016.

Reasons

Facts of recognition

On March 20, 2008, the Plaintiff entered into a loan service contract (hereinafter “instant agency contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the following terms:

Defendant B guaranteed the Defendant A’s obligation under the instant agency contract.

Article 1 (Conclusion of Contract for Services) (1) The Plaintiff shall delegate the services entrusted to the Defendant A, such as buying arrangement, lending business, acting as an agent, confirmation of application documents, delivery of documents, acting as an agent for the preservation of claims, etc. in connection with loans, and the Defendant A shall perform the said services entrusted by the Plaintiff.

Article 3 (Application for Loan) (1) The application for loan shall use the prescribed application for loan transaction and/or agreement as determined by the Plaintiff, and all the draft documents, including the application for loan transaction and/or agreement, shall be delivered by Defendant A to the Plaintiff upon receipt by the borrower in a lump sum.

Article 4 (Payment of Loans) The Plaintiff does not have any defect in all documents and contracts submitted by Defendant A under Article 3, and if it is confirmed that the entries of the lender are true, the Plaintiff shall pay the borrower's loan to the account on the designated date.

Provided, That the plaintiff may pay the loan to the third party designated by the lender only when the borrower submits a letter of delegation for payment of the price and the plaintiff explicitly confirms the intent of the lender.

Article 7 (Liability for Submission and Falseness of Documents) ① Defendant A is obligated to verify the loan transaction application/agreement and other documents prepared by the borrower, and to verify the authenticity of the documents submitted by the borrower and the legality of all acts conducted on behalf of the borrower.

Article 9 (Disciability and Responsibility of Loan Transactions) (1) In the event that the following transactions are confirmed by Defendant A, the Plaintiff shall be liable to the Defendant A and the Defendant A even before the borrower loses the benefit due.

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