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(영문) 서울남부지방법원 2017.09.19 2016가단29702
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) pursuant to the business consignment agreement concluded on October 7, 2015.

Reasons

1. Facts of recognition;

A. On October 7, 2015, the Plaintiff, engaged in an agency business for installment financing business, concluded a business consignment agreement with the Defendant conducting installment financing business (hereinafter “instant agreement”) on the following terms and conditions (hereinafter “instant agreement”).

(A) Article 3 (Subject to Delegation Affairs ① Affairs entrusted to A by A shall be as follows:

2. Visiting a seller, publicizing loaned goods, verifying the seller's standing to conduct transactions, and supporting transaction agreements;

3. Confirmation of the authenticity of the sale and purchase of goods by the buyer and the seller, written agreement thereon, and other affairs related to the collection of documents for loans provided by the buyer and the seller A;

4. Article 10 (Responsibility for Return of Delegated Goods Loans, etc.) (1) If any of the following grounds arises due to intention or gross negligence of B intentionally or by gross negligence according to the verification of authenticity and legality of the documents required for the relevant delegating goods, B shall be responsible for the return of the money, etc. for the relevant

1. When it is proved that a purchaser's false purchase (the act of deceiving A without purchasing an automobile and obtaining a loan for a delegated product) is true. (2) The principal and interest of a loan, interest in arrears, other accrued expenses, etc. at the time of a request for the return of a loan under this paragraph shall be refunded to A within seven days from the date of occurrence

Article 12 (Indemnification) (1) Where this Agreement has breached the duty of due care of a good manager in the performance of this Agreement and duties, or where Party A has suffered losses by intention or negligence of other B, Party B shall compensate Party A in full.

Defendant B and “B” refer respectively to the Plaintiff.

B. (1) The Plaintiff’s employee, B, around April 2016, engaged in the collection and sale of scrap metal (hereinafter “A”)

A) The representative director C requested a loan from A for the purchase of c (hereinafter “A”), and the seller D Co., Ltd. (hereinafter “D”) necessary for the said loan is required to verify the value-added tax base for 2015.

(B) E Co., Ltd. (the representative F. hereinafter referred to as “G”).

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