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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On July 31, 2012, the Plaintiff entered into the instant consignment contract (hereinafter “instant consignment contract”) with the Defendant to provide services entrusted by the Defendant in connection with the Defendant’s loan business (hereinafter “instant consignment contract”).
(2) On the same day, the Plaintiff concluded a guarantee insurance contract (payment) with the Defendant as the insured, the purchase amount of insurance to KRW 20,000,000, and the insurance period from July 31, 2012 to July 30, 2013, stipulating that “the insurance period shall be from July 31, 2012 to July 30, 2013” (hereinafter “instant insurance contract”).
The plaintiff submitted to the defendant a guarantee that he received from the Seoul Guarantee Insurance around that time.
B. 1) The Plaintiff received an application for a vehicle purchase loan from B pursuant to the instant consignment contract and submitted the application to the Defendant. The Defendant, upon accepting the said loan, set up a mortgage on the bond amounting to KRW 135,00,000 on the purchased vehicle and implemented the loan to B. 2) After that, the Defendant filed a criminal complaint against B on the ground that B did not receive the actual vehicle but only prepared a false document and received the vehicle purchase fund.
Accordingly, on December 17, 2013, the Defendant claimed KRW 20,000,000 (hereinafter “instant insurance claim”) from the Seoul Guarantee Insurance on the ground that the Plaintiff’s obligation to return the Plaintiff’s loan under Article 9(1) of the instant consignment contract arose.
C. On the other hand, on December 10, 2013, the Plaintiff filed a lawsuit claiming service fees, etc. against the Defendant (hereinafter “instant lawsuit claiming service fees”) with the Daegu District Court Branch Branch Decision 2013Da34895, Seogu District Court Branch Decision 2013Da34895 (hereinafter “instant lawsuit”).
B. On April 28, 2015, the above court rendered a judgment dismissing the Plaintiff’s claim.
Accordingly, the plaintiff is dissatisfied with this.