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(영문) 서울고등법원 2015.07.24 2015나2004953
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3-1 to 15, Gap evidence 4-1 to 15, Gap evidence 6, and court witness's testimony of K, M, L,O,O, G, J, B, F, D, E, E, and N.

The plaintiff is a company that conducts installment financing business, etc., and the defendant is a company that aims at financial service business, such as loan recruitment, and the plaintiff entered into an entrustment contract for loan recruitment business that entrusts the defendant with loan recruitment business, such as consultation on loan application, receipt and delivery of application forms, as follows, pursuant to Article 9 of the Model Rule of the loan solicitor system at the end of 2012.

Article 3 (Scope of Entrustment of Standard Loan Solicitation Business) (1) The scope of loan recruitment business entrusted by the plaintiff to the defendant shall be as follows:

1. Consultation on loan application (excluding loan application via the Internet);

2. Confirmation of the applicant/sureties's own signature or seal (or seal) at the time of applying for a loan;

3. The receipt and confirmation of the documents required for a loan determined by the Plaintiff and the submission to the Plaintiff for a contract period under Article 4 (Period of Contract) (1) refers to the period from December 26, 2012 to December 25, 2013.

Article 8 (Matters to be Observed) (1) The defendant shall observe the following matters in relation to the management of loan recruitment business entrusted under Article 3:

1. In conducting loan solicitation business, a trust agreement shall be complied with in accordance with the principle of trust and good faith;

Article 9 (Prohibited Matters) The defendant shall not engage in any of the following acts in consideration of the conduct of loan recruitment business entrusted under Article 3, and the affiliated loan consultants shall not engage in any of the following acts:

10. Advertising or mediating subordinated loans in connection with other financial companies.

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