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(영문) 인천지방법원 2019.02.13 2018나62945
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added by this court, the defendant 25,703.

Reasons

1. Basic facts

A. The Plaintiff is running an installment financing agency business with the trade name of “C”.

B. The Plaintiff entered into an agreement on the entrustment of work with D Co., Ltd. (hereinafter “D”) with the mid-term AGENCY (hereinafter “instant agreement on entrustment of work”).

Article 2 (Conclusion of Business Entrustment Agreement) (1) A (referring to D; hereinafter the same shall apply) intends to entrust B (referring to the Plaintiff; hereinafter the same shall apply) with the affairs related to the handling of loan products to the extent that it does not fall under the essential business of financial institutions by complying with the regulations on the authorization of financial institutions and the entrustment of the affairs of financial supervisory institutions, and enter into this Agreement

Article 5 (Duty to Confirm in Person A) (1) A shall, on its own responsibility, have a buyer or seller file an application for a loan on his/her behalf, with a sales contract, etc. to verify the application for a loan collected by him/her from the buyer or seller, all documents related to the preservation of claims, and the purchase of vehicles.

Article 6 (Provisional Approval for Loans) (1) For the portion applied for a loan under Article 5, A shall notify B as to whether to grant a provisional approval for a loan within three business days from the date of receipt.

(3) B shall submit the register of motor vehicles subject to loan the buyer has transferred to the buyer's name within seven business days after the provisional approval of loan by the buyer, and the creation of collateral security has been completed, to A.

Article 7 (Submission of Automobile Register and Payment of Loans) (1) Where B submits the automobile register to A within the time limit set in Article 6, A shall, in principle, confirm the relevant loan and deposit the loan to B with the deposit account designated by B within the next day of receipt.

Article 10 (Advance Payment of Loans) (1) In principle, the purpose of this business is to pay loans after the buyer's transfer of ownership of a motor vehicle and the establishment of a right to collateral security with Gap's name is completed in accordance with Article 7.

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