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(영문) 서울동부지방법원 2020.04.23 2018가단21075
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts: Affairs subject to consignment agreements with Gap (D) and Eul shall be as follows:

1. Mediation of installment financing, loan, lease, or general loan contracts related to secondhand automobiles;

2. Verifying the authenticity of the purchase of used cars; and

3. Identification of loan applicants and joint and several suretiess, and their writing notes and seals;

4. He/she shall require a buyer to file an application for a loan collected by a buyer or seller on his/her responsibility, to file an application for a loan with a buyer on his/her behalf, along with a sales contract, etc. to verify all documents related to preservation of claims, and a sales contract, etc. to verify the purchase of vehicles by him/her;

Article 7 (Submission of Automobile Register and Payment of Loans) ① Where a motor vehicle register is submitted to A within the deadline under Article 6, A shall confirm the loan of the relevant proposal and deposit the loan of the buyer with the deposit account designated by B within the next day of receipt in principle.

Article 8 (Liability for Return of Loans) (1) Where a loan is revoked because it falls under any of the following subparagraphs, Eul shall immediately refund the principal, progress interest, and other accrued expenses at the time of cancellation of the loan to the relevant buyer, and shall pay the amount of the loan requested in addition to the interest in arrears as determined by Gap from the date of request for return, if any.

6. Where a buyer refuses to repay the principal and interest of a loan due to an illegal act of a seller managing B, such as an unauthorized change of a sales contract of a seller managing B after loan, unauthorized recovery of a vehicle, where a vehicle is not delivered to a buyer, failure to fulfill a warranty liability, failure to fulfill an incidental promise to a buyer, etc.

(3) B.

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