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(영문) 서울고등법원 2017.01.12 2016나2042525
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2015, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) concluded an agreement with the Defendant Company to arrange the Plaintiff as a user of installment financing, handle part of the Plaintiff’s installment financing business on consignment, and pay the Plaintiff fees in return.

(hereinafter “instant partnership agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the partnership agreement.

The partnership agreement of this case consists of “Agreement” and “AENT Contract,” and the main contents are as follows.

[Agreement] Article 9 (Duty to Explain Terms and Conditions of Installment Financing) (4) The defendant company should confirm the authenticity of the purchase of goods and services by the "customer" at the time of the installment financing agreement.

5. The defendant company shall compensate all the plaintiff's losses caused by the violation of this Article.

Article 13 (Liability for Return of Installment Capital) (1) The Defendant Company shall return the installment capital received from the Plaintiff pursuant to Article 11 to the Plaintiff in the event of the occurrence of any cause for the return of installment capital as set forth in the following subparagraphs:

At this time, the Defendant Company shall pay to the Plaintiff the installment capital paid from the day following the receipt of the Plaintiff’s notice on the cause of occurrence of the cause for the refund of the installment capital, plus an annual interest rate of 25%.

13. Where the customer refuses to pay the installment payment due to the name theft, fraudulent sale, defective sale, side agreement, etc. caused by the act of the person who entrusted the sale of goods to the defendant company (hereinafter referred to as the "trustee") (AENT contract) (1) in any of the following cases, the plaintiff may claim damages against the defendant company:

Defendant Company is responsible for the repayment of loans, etc. to the Plaintiff.

C. In arranging a contract, the plaintiff is either intentional or negligent by the defendant company.

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