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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 115,983,870 and the interest rate thereon from November 4, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of facility leasing business, installment financing business, etc. (the first “C&A lease corporation,” which was changed to its trade name as of August 1, 2015). The Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of wholesale and retail business of PC peripheral devices, and consulting business of PCB, and the Defendant B is the representative director of the Defendant Company.
B. The Plaintiff and the Defendant Company entered into an alliance agreement (hereinafter “instant alliance agreement”) with the effect that “the Defendant Company arranged the Plaintiff to provide the Plaintiff with a part of the business related to installment financing and is entrusted to the Plaintiff, and the Plaintiff would pay fees in return for the said agreement to the Defendant Company,” and entered into an agreement stipulating necessary matters (hereinafter “instant alliance agreement”), and the Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff.
C. As to the scope of entrusted duties under the instant partnership agreement, Article 3 of the instant agreement provides for the following:
Article 3. 【Scope of Entrusted Affairs】 (1) The term “company (referring to the Plaintiff)” is to entrust the whole or part of the following affairs (hereinafter referred to as “entrusted affairs”) to a company affiliated with the company (referring to the Defendant Company) in accordance with the standards prescribed by “company”:
1. Consultation on goods of installment financing to joint and several sureties (hereinafter referred to as "customers")
2. Detailed description of terms and conditions of installment goods to be financed to “customers” as designated by the “company”;
3. Receiving written agreements, applications, etc. from “customers” and delivering them to “company”, as provided for by “company” (hereinafter referred to as “company chapter”).
4. It is necessary to verify the authenticity of the application for joint and several sureties by “customers”, to confirm the identity of “written documents”, and to affix the seal to “customers” in “written documents”.