logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.05.31 2018가단50754
구상금
Text

1. As to KRW 50,449,44 and KRW 20,000 among them, the Defendant shall pay to the Plaintiff KRW 50,440,00 from February 6, 2018 to February 12, 2018.

Reasons

1. Basic facts

A. On January 31, 2017, the Defendant, who is engaged in installment financing and document agency business in the name of B, concluded an agreement on entrustment of business affairs or business affairs (hereinafter “instant agreement on entrustment of business affairs”) with the Hyman Capital Co., Ltd. (hereinafter “Gain Capital”), and the NAF Capital Co., Ltd. (hereinafter “NN Capital”), and the NAF Capital Co., Ltd. (hereinafter “NN Capital”), around February 2017, on consignment of business affairs handling loan products for customers.

B. In order to guarantee the payment of liability for damages arising from the nonperformance of the instant entrustment contract, the Defendant concluded a guarantee insurance contract for performance (payment) as follows (hereinafter “instant insurance contract”).

(1) The insured insured on January 25, 2017 (Insurance Number C): the insured on January 25, 2017: the insurance period of KRW 20 million: from January 25, 2017 to January 24, 2018; ② the insured on February 14, 2017 (Insurance Number D): the insurance amount of the UN insurance for the Eth Capital: the insurance period of KRW 30 million: from February 14, 2017 to February 13, 2018.

C. In accordance with the instant business entrustment agreement, the Defendant violated the obligation to set up the right of collateral as the priority creditor on a motor vehicle, which is the subject of the loan of the Gavi Capital and the Gavi Capital, as set out in the following table, and provided the right of collateral to other creditors as the first priority creditor. The Gavi Capital and the Gavi Capital have terminated each of the instant business entrustment agreement with the Defendant and notified the repayment of the loan, but they filed a claim against the Plaintiff for the amount equivalent to the amount of insurance coverage under the instant insurance contract, which the Defendant did not perform this obligation.

The return amount of the insured customer name loans shall be the amount of KRW 61,073,882,00,000 E. 40,616,926

D. On December 29, 2017, the Plaintiff paid KRW 30 million to Ethical Capital, and KRW 20 million to Ethical Capital on January 19, 2018.

[Reasons for Recognition] There is no dispute between the parties, A, and A.

arrow