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(영문) 서울중앙지방법원 2017.04.04 2015가단5064462
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of credit business, etc., and the Defendants are attorneys-at-law who have completed business registration under the trade name called law office E, and F is registered as office staff of law office E (representative attorney-at-law) and worked as the head of the team for rehabilitation and bankruptcy affairs in the law office E.

B. On May 13, 2013, a written agreement on business suspension with the following contents, which provides the Defendants’ customers with loans necessary for legal services, such as personal rehabilitation, personal bankruptcy, exemption from liability, was formulated:

(hereinafter “instant agreement”). F submitted the instant agreement to the Plaintiff, and F did not have to confirm whether the Plaintiff entered into the instant agreement with the Defendants.

The above agreement is signed by the parties to the contract as “Law Office E and three others (hereinafter referred to as “B” in the following terms of the contract), and the rubber name plates are affixed to the part “B” at the end of the above agreement, and the signature of Defendant A is written, and the seal of Defendant A, which was used by the Bankruptcy Team for business purposes, is affixed on the side of the signature.

And B has the F's signature and seal as a joint guarantor of B.

Article 1 (Purpose) The purpose of this Arrangement is to determine all the matters related to the provision of financing necessary for legal services, such as personal rehabilitation, personal bankruptcy and immunity, provided by A (referring to the plaintiff; hereinafter the same shall apply) to the customer.

Article 3 (Amount of Finance) Paragraph (1) B shall request a customer to engage in a loan transaction within the limit of fees and expenses under an agreement with the customer, and the customer shall be loaned to the customer within the limit of fees and expenses for the loan.

Article 5 (Joint and Several Guarantee and Deposit Deposit Deposit) Paragraph (1) B shall be all obligations, such as the principal, interest, expenses, etc. which a customer bears to A under a loan transaction agreement between A and his/her customer.

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