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(영문) 대구지방법원 2015.10.30 2015나7174
용역수수료등
Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 18,546,700 for the Plaintiff; and (b) from December 14, 2013 to October 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 2012, the Plaintiff and the Defendant entered into a business consignment agreement (a one-time transfer agreement) with the content that the Plaintiff will handle the business by arranging the applicants for installment financing and general loan goods of the Defendant and receive service fees from the Defendant based on the performance.

B. On August 3, 2012, the Plaintiff filed a claim against the Defendant for the payment of the loan amounting to KRW 1.49 billion. Of them, the Defendant did not pay the commission amounting to KRW 1.49 billion to KRW 1.46 million (= KRW 3.9 billion - KRW 1.466,700 for the remainder of KRW 1.9 billion (= KRW 1.49 billion - KRW 1.49754 million).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the reasoning of Gap evidence Nos. 5, 7, Eul evidence Nos. 2 and Eul evidence Nos. 2, and Eul's testimony and arguments as to the cause of the claim, the plaintiff mainly dealt with loans to the new or second class. If the transferred companies, such as the plaintiff, secure and manage the transaction partners such as the automobile trading company, the above transaction party shall introduce the customers who need the loans to the defendant for purchasing the vehicle, and if the loans are made accordingly, they shall be calculated as the performance of the transfer company in charge of the transaction party. The plaintiff, like the plaintiff, was employed as the defendant's employee on July 2012 and it was no longer paid the fees for the loan performance through the defendant's transaction party, the plaintiff was managed after the above transaction party was transferred to the above transaction party, and the remaining loan performance amounting to KRW 1,91,1460,00 from the above transaction party after receiving the loan from the plaintiff after being transferred to the transaction party as above, and the above loan contract was concluded by the above transaction party.

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