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(영문) 서울남부지방법원 2018.08.17 2017가합113601
약정금
Text

1. The Defendant’s KRW 158,00,000 for the Plaintiff and KRW 5% per annum from July 26, 2015 to August 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff as a party is a corporation mainly engaged in facility leasing, installment financing business, etc. (formerly: hereinafter “Risk Management System”), and the Defendant has developed and provided a system (Risk Management Steem, hereinafter “Risk Management System”), which is a corporation with the aim of evaluating financial products, developing financial information, and developing investment information, etc. from 2007 to a financial institution in cooperation with securities companies to conduct online stock purchase fund lending business.

B. On July 16, 2012, including the conclusion of a business partnership agreement for online stock purchase financing business, the Plaintiff entered into a business partnership agreement with the Defendant on July 16, 2012, under which the Plaintiff received risk management systems from the Defendant in the course of conducting online stock purchase financing business against stock investors and paid certain fees in return (hereinafter “instant business partnership agreement”).

The main contents of the instant business partnership agreement are as follows: (a) The purpose of this agreement is to provide for all matters concerning “actual time risk management system or program” provided by the Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) to A in conducting online stock purchase financing business.

Article 2 (Definition of Terms) The definitions of terms used in this Agreement shall be as follows:

(1) The online stock purchase fund loan business (hereinafter referred to as the "business") is an online file of existing stock purchase fund lending, and an investor of stocks who intends to obtain a loan of stock purchase fund online applies for a loan on the basis of securities in his/her name, securities, and deposits in the securities account in the customer's name (hereinafter referred to as the "customer"), and the above securities account has been lent to the customer with the securities account as collateral, and the real-time risk management system or the same.

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