(영문) 서울중앙지방법원 2014.07.25 2013가단310661

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(영문) 서울중앙지방법원 2014.07.25 2013가단310661

손해배상(기)

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1. The Defendant shall pay to the Plaintiff KRW 5,955,447 and the interest rate of KRW 20% per annum from December 6, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 12, 2009, the Plaintiff and the Defendant concluded a partnership agreement with the Defendant with the company for installment financing business suspension operated by the Defendant in the automobile trading complex located in Gangseo-gu Seoul Metropolitan Government, thereby arranging and arranging loans from the buyers of used cars and receiving a brokerage commission from the company for installment financing, etc.

All of the instant contracts (hereinafter “instant contracts”) entered into a contract for transfer and takeover of business (hereinafter “instant contracts”) with the content of acquiring KRW 280,000,000,000,000,000,000, and the Plaintiff agreed to pay the Defendant the amount equivalent to the amount of the instant contracts for compensation for damages in the event of business accidents caused by intention or negligence by the Plaintiff’s business takeover.

(Article 6(b)(b) of the Agreement.

Then, in the course of the instant business by the Plaintiff’s delegation, the Plaintiff suffered a total of KRW 5,955,447, as shown in the attached Table, on the ground that (i) the Plaintiff paid the purchase price to a used car sales broker in advance, and (ii) the Plaintiff did not recover the purchase price, or (iii) the Defendant did not perform follow-up procedures such as transfer of the name of the vehicle that is the subject matter of sale and provision of security to the installment financing company, etc., on the ground that the Plaintiff did not pay the purchase price to a used car sales broker in advance; and (ii) the Plaintiff did not perform the following procedures such as provision of security to the company, etc. for installment financing.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the cause of the claim

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