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(영문) 서울중앙지방법원 2019.11.13 2019가단5037086
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company operating installment financing business, credit loans, or secured loan business. Defendant B (hereinafter “Defendant Company”) is a company operating automobile sales and installment financing business, and Defendant C is the representative director of the Defendant Company.

B. 1) On January 8, 2016, the Plaintiff entered into an entrustment contract for loan business between the Plaintiff and the Defendant Company with the following terms and conditions (hereinafter “instant entrustment contract”).

(2) The Plaintiff and Defendant C entered into an entrustment agreement of this case, and pursuant to the instant entrustment agreement, the Plaintiff agreed to entrust the Defendant Company with the duties of Paragraph (2) related to the handling of loan products, and the Defendant Company shall perform the pertinent entrusted duties and all the relevant duties under the responsibility of the Defendant Company. ② The duties subject to entrustment agreement between the Plaintiff and the Defendant Company (hereinafter “entrusted duties”) are as follows: 1. The Plaintiff’s applicant for loan products, etc. (hereinafter “loan applicant”).

Collection and submission of materials necessary for arranging and examining the loan of the plaintiff

2. Verification of the authenticity of purchasing automobiles;

3. Confirmation of loan applicants, joint and several sureties, etc.;

4. Confirmation of loan documents;

5. Collection and receipt of documents on related claims;

6. The Plaintiff’s business that the Defendant Company requested in writing as deemed necessary in relation to the instant contract is not, in principle, entrusted to the Defendant Company by the Plaintiff.

Article 2 (Payment of Entrustment Fees) (1) The plaintiff shall pay the entrustment fees related to the entrusted affairs to the defendant company.

(2) The amount of commission fees, standards for payment and timing to pay commission fees shall be determined by a separate written agreement between the plaintiff and the defendant company.

Article 3 (Business Execution Method by Defendant Company) (1) The Defendant Company shall include the interest rate and overdue interest rate at the time of loan mediation.

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