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(영문) 서울중앙지방법원 2015.09.22 2014나66351
채권추심실비반환 및 손해배상
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On January 15, 2013, the Plaintiff entered into a contract with the Defendant to delegate the collection of KRW 350,698,141 (hereinafter “instant collection delegation agreement”) with each of the Plaintiff’s respective goods payment claims against B and 32, by determining that the collection amount should be deducted from the collection amount.

The main contents of the instant collection delegation agreement are as follows.

Article 3 (Scope of Delegation of Duties) (1) The debtor's whereabouts and property investigation, demands for repayment and receipt of repayment. (2) The claims collection of the debtor; (3) the services incidental to the claims collection prescribed by Acts; and (4) Other services incidental to the civil petition agency pursuant to the claims collection request of the creditor. (5) Where special activities are required in connection with the collection of claims: Article 7 (Delivery of Payment) (1) B (the defendant; hereinafter the same shall apply) shall deliver to Gap (the plaintiff; hereinafter the same shall apply) the amount after deducting the collection fees under Article 8 (1) out of the payment received, within three business days from the date of receipt.

(3) If Eul fails to deliver the repayment amount to Gap by the due date set forth in paragraphs (1) and (2), it shall pay damages for delay by 20% per annum from the day following the due date to the due date for payment in addition to the repayment amount.

Article 9 (Expenses Incurred) (1) All legal measures shall be taken in the name of A, and the expenses shall be borne by A regardless of success in collection.

(2) In principle, A shall pay B, at the time of concluding a delegation contract, expenses incurred in relation to the issuance of public records, and actual expenses incurred in debt collection activities related to property investigation (e.g., withdrawal equipment, transportation expenses, etc.). If B has not been paid in advance without the consent of B, B shall be adjusted in sequence after deducting the collection fee in advance from the collection fee in the event of collection of claims without the consent of B, and until the full amount of the expenses incurred in performing this contract is fully paid out of the amount to

(3) A.

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