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(영문) 서울남부지방법원 2015.11.26 2015가합106098
손실보상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 219,593,553 and the amount of KRW 121,672,078 from May 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of credit business, credit card payment relay service business, etc.

B. On December 29, 201, the Plaintiff entered into the instant business consignment agreement with the Defendant (B) on the part of December 29, 201, the Plaintiff entered into a business consignment agreement with the Defendant on the following terms: (a) the Defendant recruited the Plaintiff’s lending product, and concluded a business consignment agreement with the Plaintiff to receive allowances from the Plaintiff; (b) Article 5(1) of the relevant agreement (Evidence A No. 2); and (c) at the time, the Plaintiff

(hereinafter referred to as the “instant business consignment agreement”). Article 5 (Liability for Loss) ① In the event that the Defendant rendered a decision that it is difficult to recover overdue or non-performing loans arising from a franchise store recruited or managed by the Defendant, or 15 days have elapsed from the date of delinquency, the Defendant shall pay the unpaid or non-performing loans in full to the Plaintiff

C. The Defendant recruited the Plaintiff’s member shop and the Plaintiff’s flus loan by soliciting member shops through employees, etc., and the Plaintiff entered into an agreement for immediate settlement service with the Plaintiff, and then entered into an agreement for each of the following terms and conditions from the Plaintiff:

(hereinafter “instant loan”). On August 3, 2012: C 20,000,000,000 interest rate of 100,000,000, and 38.7% of the overdue interest rate of 39% on August 7, 2012; E on August 22, 2012, 30,000,000 KRW 50,000,000 on August 29, 2012; 10,0005; 20,000 or 10,000,000 or more on September 5, 2012; 10,000,000 or 60,00 or more of the H company (I); 20,000,000,000,000,000 or more; 30,000,00 or more of the J company on September 5, 2012

D. (1) On July 3, 2013, the Plaintiff sent a peremptory notice to the Defendant demanding full repayment of outstanding amounts and interest due to loss liability. (2) At the time of the application for the instant payment order, the principal and interest of the instant loan around the time of the application for the instant payment order.

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