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(영문) 대전지방법원 2020.09.16 2019나110122
손해배상(기)
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs credit business in the name of “D” from February 3, 2003, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that runs claims collection business and credit investigation business, and Defendant C was an employee of the Defendant Company.

B. On November 15, 2005, the Plaintiff loaned KRW 20 million to E with interest rate of KRW 66% per annum (payment on March 15), and the due date on March 30, 2006.

C. On March 28, 2006, the Plaintiff and E drafted a notarial deed of money loan agreement for transfer security (No. 93, 2006, No. 2006, No. 2006, No. 2006, No. 93, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, etc

In addition, the instant notarial deed includes the content that “G and H are jointly and severally and severally liable for the above loan to the Plaintiff,” other than the Plaintiff and E.

On March 20, 2017, the Plaintiff requested the Defendant Company to collect the above claims against E and G, and the Defendant C was in charge of the above claims collection business requested by the Plaintiff.

On February 14, 2017, the Defendant Company applied for a collection order for the seizure and collection of the claim against G and the third debtor as three financial institutions, such as I Cooperatives, based on the instant notarial deed in the name of the Plaintiff on February 14, 2017 (Cheongju District Court Branch Branch Branch 2017TTTTT98), and the above court accepted the above application and issued a collection order on February 15, 2017.

(hereinafter “instant seizure and collection order”). E.

The Defendant Company collected KRW 3,103,104 from each of the above financial institutions based on the collection order based on the seizure and collection order of this case. On March 31, 2017, KRW 2,249,751, excluding KRW 853,353 of the collection fees, is the Plaintiff.

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