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(영문) 서울고등법원 2016.12.23 2016나2028260
손해배상 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Loan recruitment business entrustment agreement and additional arrangement 1) A Bable Savings Bank Co., Ltd. (hereinafter “Bable Savings Bank”).

Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 30, 2009

A) Between the loan recruitment service consignment agreement (hereinafter referred to as “instant consignment agreement”)

The issues are as follows. Meanwhile, pursuant to Article 10 subparagraph 4 of the consignment contract of this case, Defendant B has jointly and severally guaranteed Defendant A’s obligations to the Fable Savings Bank. Article 3 (Scope of Entrustment) of the loan recruitment business entrusted by Defendant B is as follows. The scope of the loan recruitment business entrusted by Defendant B is as follows: (a) the receipt of an application for a loan (including an application for a loan through Internet) and the type of loan product: (b) the provision of personal information, etc. of the applicant and joint guarantor for a loan (excluding credit information inquiry, etc.) necessary for the examination of loan and loan: (c) the provision of related data, such as personal information, etc. of the applicant for a loan and joint guarantor for a loan (excluding credit information inquiry, etc.) and the delivery of confirmation documents to the mutual savings bank and other incidental acts related to loan. In handling the loan recruitment business entrusted under Article 3, Defendant B shall provide security to Party A by any of the following methods, etc., in preparation for damages to Party A or applicant for a loan and liability for damages under a contract.

In such cases, A shall notify the details of the damage to B in writing and the applicant for the loan in lieu of B.

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