beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) is a company that engages in credit business and loan brokerage business, and D is a person who has run the said company.
B. The Plaintiff, upon the Defendant’s introduction, lent funds to the said company from January 2007 to March 2010, and C has run a credit business, etc. by providing loans to the obligor with such money and receiving interest from the obligor, and paying interest to the Plaintiff.
[Ground of recognition] Evidence Nos. 1, 2, and 5 through 14, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that the Defendant received KRW 47,668,00 as an introduction fee while introducing the Plaintiff to C. Although it was prohibited from receiving commission related to loan brokerage pursuant to Article 11-2(2) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, the Defendant, in collusion with D, received illegal commission and embezzled C’s property and inflicted damages equivalent to the amount, and the Plaintiff, as C’s creditor, sought compensation against the Defendant by subrogation.
B. Article 11-2(2) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users provides that “No loan broker, loan solicitor, unregistered loan broker, shall receive any loan in connection with loan brokerage regardless of the name, such as commission, honorarium, or advance payment, from the party to whom the loan is provided.” Article 1 of the said Act provides that “The purpose of this Act is to provide matters necessary for the registration and supervision of credit business loan brokerage business and regulate illegal debt collection activities and interest rates of credit service providers and credit financial institutions, thereby ensuring the sound development of credit business, and to protect finance users and contribute to the stable economic life of the people.”
In light of the purpose and purpose of the enactment of this Act, the above Act.