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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 66,456,808 won and the Defendants’ amounting to 8.0% from August 17, 2016 to February 6, 2017.
Reasons
1. Facts of recognition;
A. A. Around December 2014, Defendant C Co., Ltd. (hereinafter “Defendant Company”) and the Plaintiff entered into an entrustment agreement with the Defendant Company to perform duties, such as installment financing and arranging applicants for general loan goods (hereinafter “instant agreement”). The Defendant B jointly and severally guaranteed the payment of the obligation owed by the Defendant Company pursuant to the said agreement, and the contents relating to the instant agreement are as follows.
Article 2 (Definitions of Terms)
3. Sales store: It refers to a secondhand trading company that, without any separate agreement with the plaintiff, has entered into a transaction agreement with the defendant company and sells used cars using the plaintiff's financial instruments under the responsibility of the defendant company;
4. Buyer: It means a customer of a sales store who has requested the use of installment financing and general loan and the plaintiff has consented to the loan, and a joint and several sureties therefor;
5. Loan goods: installment financing, general loan, lease, credit loan, secured loan, etc. handled by a person who enters into an agreement for brokerage with the Plaintiff or the Plaintiff;
Article 4 (Subject Matter and Scope of Services) (1) The affairs subject to business entrustment agreements between the plaintiff and the defendant company under this Agreement shall be as follows:
1. Arrangement of applicants for loan products;
4. In the event that the Defendant Company falls under any of the following subparagraphs, the Defendant Company shall immediately refund the principal and interest of loan, interest in arrears, and other accrued expenses to the relevant buyer to the Plaintiff, and when delay in the performance of the obligation falls under any of the following subparagraphs, the Defendant Company shall pay to the Plaintiff 29% interest per annum on the amount of the claim for refund from the date of the claim for refund, expenses incurred in collecting the loan, etc.:
8. Transfer and us of the ownership of vehicles to the buyer of the Defendant Company or to persons interested in the obligation.