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(영문) 서울중앙지방법원 2016.05.17 2015가단5044222
손해배상 청구의 소
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 157,448,358 and KRW 114,059,008 among them.

Reasons

1. Basic facts

A. Loan recruitment entrustment agreement and the conclusion of an additional agreement and contents 1) Bable Savings Bank Co., Ltd. (Seoul District Court Decision 2013Hahap89, Jul. 1, 2013) was declared bankrupt on July 1, 2013, the Plaintiff was appointed as bankruptcy trustee on the same day;

hereinafter referred to as “deposit bank” only

) Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant A

On November 30, 2009, when the Savings Bank loans automobile purchase funds to automobile buyers as security, the Defendant A entered into a loan recruitment business consignment agreement (hereinafter “instant consignment agreement”) with the content that the Defendant A will act as an agent for the loan recruitment business pursuant to Article 3 of the loan recruitment business consignment agreement (hereinafter “instant consignment agreement”) and the Defendant B guaranteed the Defendant A’s obligation to the Savings Bank pursuant to Article 10 subparag. 4 of the same agreement.

2) The main contents of the loan recruitment service entrustment agreement of this case are as follows. - The scope of loan recruitment business entrusted by Article 3 (Scope of Business Entrustment) and Article 3 (Scope of Business Entrustment) shall be as follows. The scope of loan recruitment business entrusted by Gap to Eul is as follows: In the event that the loan applicant and the kinds of loan brokerage products are provided (excluding credit information recording, etc.) with personal information of the applicant for the loan and the joint guarantor necessary for the examination of loan lending (excluding credit information recording, etc.), such as confirmation of the writing of the principal and the joint guarantor, delivery of the loan documents, and other incidental activities related to the loan, etc. (1) period shall be from November 30, 2009 to November 29, 2010 (2) period of contract shall be extended from 1 month before the expiration of the contract period under paragraph (1) to 1 month before the expiration of the contract period, if there is no separate notice of termination between Gap and Eul, it shall be deemed that the payment of the loan is entrusted on an automatic basis of Article 5 (3).

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