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(영문) 대구지방법원서부지원 2019.06.13 2017가합52607
대여금
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 2015, the Plaintiff entered into a business consignment agreement (hereinafter “instant agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) regarding a loan agreement securing fishery products as collateral. The main contents of the instant agreement are as follows, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation under the instant agreement.

The Plaintiff (hereinafter referred to as “A”) and the Defendant Company (hereinafter referred to as “B”) enter into a service agreement with respect to the affairs related to the handling of loaned goods of “A” as follows:

Article 1 (Definition of Person Related to Transactions) Definition of Person Related to Entrustment of Business Affairs is as follows:

1. “A” means the Plaintiff who is the operator of the loan;

2. “B” means a person who mediates a general loan under an agreement on consignment with a loan-related “A”;

3. The term "loan applicant" means a person who has applied for a general loan product on the security of fishery products and consented to the loan;

Article 2 (Conclusion of Agreements for Business Services)

1. “A” means entrusting “B” with affairs related to the handling of loaned products to the extent that it does not fall under the essential business of a financial institution by complying with the regulations on authorization of a financial institution and the entrustment of business to a financial supervisory institution, and entering into this Arrangement.

Article 3 (Those Subject to Business Services)

1. The duties covered by the business services arrangements between “A” and “B” are:

(3) The authenticity and loan applicants for the wholesale facilities of fishery products, the joint guarantor, and his/her duty to verify himself/herself.

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