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1. The Plaintiff’s Defendant based on the new business entrustment agreement and alliance agreement dated November 28, 2014 between the Plaintiff and the Defendant.
Reasons
1. Basic facts
A. On November 28, 2014, the Plaintiff entered into a new business consignment agreement (hereinafter “instant consignment agreement”) between the Defendant and the Plaintiff to provide services entrusted by the Defendant in relation to the handling of the Defendant’s financial products.
The contents of the Plaintiff’s business services under the above contract are as follows:
Article 2 (Duties to be Entrusted) (1) "A (the defendant, the same shall apply hereinafter)" entrusts the affairs to "B (the plaintiff, the same shall apply hereinafter)" shall be as follows:
1. Vicarious provision of motor vehicle financial counseling services to motor vehicle finance users, and vicarious receipt of documents necessary for contracts;
2. Receipt of all relevant documents necessary for a contract, including interest rates, overdue interest rates, an application for loans, an agreement on loans, and an agreement on the provision and use of new credit information on behalf of the motor vehicle finance user;
3. Confirmation of authenticity of all the documents required for the automobile financial contract;
4. A copy of contract transactions and standard terms and conditions to automobile finance users at the time of concluding a motor vehicle finance contract;
B. The Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) between D Co., Ltd. (hereinafter “D”) with the Defendant as the insured, and with the content of the guarantee as the guarantee for compensation for nonperformance under the instant entrustment contract, and submitted the guarantee certificate received from D to the Defendant.
C. On October 16, 2019, pursuant to the instant consignment contract, the Plaintiff submitted to the Defendant an automobile lease agreement with E, and the Defendant agreed to the said lease agreement and paid KRW 88,266,950 to the F, a vehicle seller, a vehicle seller (hereinafter “F”).
(hereinafter “instant lease agreement”). D.
Then, on November 26, 2019, the Defendant shall compensate the Plaintiff for damages of KRW 88,266,950, pursuant to Article 11 of the instant consignment contract, on the ground that E did not receive any vehicle within 15 days and the transfer registration was not made.