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(영문) 부산지방법원 2014.12.11 2014나4719
약정금 등
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. The Plaintiff is a juristic person operating installment financing business that loans in installment and collects the principal and interest of loans during the installment period at the time of purchasing new or secondary vehicles, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) is a juristic person that trades or arranges the Plaintiff’s loan products.

B. On June 10, 2011, the Plaintiff entered into an entrustment agreement with Defendant A (hereinafter “instant entrustment agreement”) and Defendant B jointly and severally guaranteed the obligation of Defendant A under the said agreement. The main contents of the said agreement are as follows.

The joint and several sureties of the Plaintiff (hereinafter referred to as “A”) and the Defendant A (hereinafter referred to as “B”) and “B” enter into an entrustment agreement with respect to the duties related to the handling of loaned goods by “A” as follows:

Article 1 The objective of this Arrangement is to establish basic contractual relations between “A” and “B” so that the transaction can be conducted smoothly in connection with the introduction of applicants who wish to obtain loan goods of “A”.

The terms in this Arrangement are defined as follows:

(1) “A” means the Plaintiff who is the operator of the loan.

(2) “B” means a person who arranges installment financing and general loans under an agreement with “A” in connection with a loan.

(3) The term "sale store" means a secondhand trading company that sells used cars using financial products of "A" under the responsibility of "B" and enters into a transaction agreement with "B" without any separate agreement with "A".

(4) "Buyer" means a person who, as a customer of "sale store, has consented to a loan by requesting the use of installment financing and general loan goods, and a joint and several sureties therefor.

Article 4 Subject Matter and Scope of Services (1) The duties subject to the Business Entrustment Agreement between A and B under this Agreement shall be as follows:

1. A loan product;

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