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(영문) 서울중앙지방법원 2020.08.18 2019가단5083171
손해배상(기)
Text

1. The Defendant’s KRW 16,077,60 for the Plaintiff and KRW 5% per annum from April 25, 2019 to August 18, 2020.

Reasons

1. Basic facts

A. The Plaintiff newly constructed a multi-household house on the Seongbuk-gu Seoul Metropolitan Government ground to raise funds by collecting investment funds from many unspecified loan unspecified persons, and entered into a loan agreement with Non-Party D (hereinafter “D”) Co., Ltd. (hereinafter “D”), which is a P2P lending business entity on February 13, 2018. On the same day, the Plaintiff and the Defendant entered into an online platform usage agreement (hereinafter “instant agreement”) with the main contents that the Plaintiff used services such as review and assessment of feasibility, risk management, etc. through the online platform provided by the Defendant to obtain a loan from D, and paid the usage fees thereof.

B. According to the instant agreement, the Defendant, using the platform system and advertising, database, and other professional human resources and business foundation of the Defendant, shall review and evaluate the feasibility necessary for the Plaintiff’s new construction, conduct business management (construction process and completed management), offer management, and risk management, and the Plaintiff shall pay 4.0% of the recorded amount to the Defendant as a fee for use according to the Defendant’s performance of duties.

C. After that, pursuant to the instant agreement, the Defendant: (a) requested an appraisal of the building to be newly built by the Plaintiff to E (hereinafter “foreign appraisal corporation”); (b) received an appraisal result of KRW 1.466 billion in expected value; (c) based on these contents, recruited investment money for the said newly built construction project through a website; (d) the Plaintiff was performing a new construction project with loans from the non-party company over twenty eight times, on the other hand, paid to the Defendant a total of KRW 42,328,00 in fee for use under the instant agreement (including surtax).

On the other hand, after completion, the new building built by the plaintiff was assessed to approximately KRW 73,95,00, which was actually conducted as security.

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