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(영문) 울산지방법원 2016.04.27 2015나2522
추심수수료 등
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff concluding a delegation contract for debt collection is a company with the purpose of debt collection business.

B On July 29, 2003, the amount of consolation money of eight million won is to be paid to the defendant on August 29, 2003, the amount of KRW 3 million on August 8, 2003, the amount of KRW 3 million on December 31, 2003, and the amount of KRW 3 million on February 28, 2004 shall be paid in installments, but if the payment in installments has been delayed at once, the payment in installments shall lose the benefit of time and shall pay damages for delay at the rate of 36% per annum to the delayed principal of the debt. The Ulsan Notaries Notaries Notaries Public Joint Office (hereinafter referred to as the “notarial Deed”) signed and executed the debt repayment contract No. 2878 on December 203, 203 (hereinafter referred to as the “notarial Deed”).

On July 31, 2012, the Defendant agreed to entrust the Plaintiff with the collection of claims of KRW 33,872,650 (the principal of KRW 8 million and delay damages of KRW 25,872,650 per annum from August 8, 2003 to July 31, 2012) with the collection of claims of KRW 36% per annum, and to pay KRW 25% of the collection fees (hereinafter “instant delegation agreement”).

On the same day, the defendant paid 30,000 won to the plaintiff.

The relevant terms and conditions of the delegation contract of this case are as follows.

The Defendant, who is both a creditor and a delegating (hereinafter referred to as “A”) shall enter into a debt collection delegation agreement with the mandatory Plaintiff (hereinafter referred to as “B”) on the basis of the Credit Information Use and Protection Act, and promise to perform it in good faith in the future.

Article 1 (Delegated Duties) “A” shall delegate to “A”, in connection with debt collection affairs, the following matters:

(1) Property investigation, credit investigation, location identification, and fact-finding investigation into persons related to debts, such as debtors, guarantors, etc.

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