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1. Defendant A and B jointly share KRW 28,828,052 to the Plaintiff and Defendant A from July 1, 2015 to December 16, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in installment agency business and financial intermediary business, and Defendant Aju Capital Co., Ltd. (hereinafter “Defendant Aju Capital”) is a company engaged in installment financing business, etc., and Defendant B is an employee of Defendant Aju Capital.
B. D is a person who has been engaged in a vice agency business with the trade name of “E”.
D A. Around June 2, 2015, the Plaintiff entered into an agreement with Mez Capital Co., Ltd. (hereinafter “Mez Capital”) on the operation of installment capital. The Plaintiff entered into an agreement with D on the commission of an operation of installment capital in the middle and high-speed war, providing that the Plaintiff would be entrusted with all rights and obligations regarding the said agreement on the operation of installment capital from D on a June 2, 2015. Around that time, Mez Capital and the Plaintiff would be entrusted with the installment financing, loan, lease, or arrangement of a general loan contract.
The provisions of Article 10 of the Agreement on Entrustment of Work in Second Class, the Second Class, is defined as follows:
Article 10 [Advance Payment of Loans] (1) In principle, the payment of loans after the buyer’s transfer of ownership of a motor vehicle and the establishment of a right to collateral security in the name of “A” (referring to the Mez capital) has been completed pursuant to Article 7, but in cases where “B” (referring to the plaintiff) requests the payment of loans prior to the transfer of ownership of a motor vehicle and the establishment of a right to collateral security for business purposes, “A” may exceptionally grant prior approval therefor.
(2) In cases falling under the proviso to paragraph (1), “B” shall transfer the ownership of a motor vehicle in the name of the buyer in question within three business days after the loan of “A” to “B” and shall submit “B” and “B” to “A” and “B” as the first mortgagee within three business days after the loan of “B” to “B”.
3. Where the first installment of a loan under this section is revoked, "B" shall be specified in Article 9 (1).