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(영문) 서울중앙지방법원 2017.10.18 2016가단5288180
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 27,320,337 and KRW 7,492,442 from June 21, 2017 to the date of full payment.

Reasons

Basic Facts

The Plaintiff is a company that engages in credit business after completing registration in accordance with the Act on Registration of Credit Business and Protection of Finance Users. The Defendant is a law firm that deals with legal affairs and is currently conducting liquidation procedures by resolution of dissolution on June 1, 2016.

On January 27, 2015, the Plaintiff loaned the Defendant’s fees and expenses that the Defendant’s client should pay to the Defendant for legal services, such as personal rehabilitation, personal bankruptcy, and application for exemption from liability. The Defendant entered into an agreement with the business suspension entity with the content of joint and several liability for the loan, and agreed as follows:

(hereinafter “instant partnership agreement”). The Defendant’s identification of clients’ situation, financial and credit standing, etc. and selects users suitable for financial transactions with the Plaintiff, and the clients’ credit investigation and loan decision-making shall be conducted by the Plaintiff.

(Article 2). The plaintiff loans to the client within the extent of the defendant's fees and expenses.

(Article 3) The Plaintiff deposits loans to clients into the Defendant’s account designated by the Defendant.

(Article 4). The defendant shall provide joint and several surety for the client's obligation to the plaintiff.

(Article 5) The Plaintiff loaned KRW 85,200,000 in total to B and 50 (hereinafter “loan obligor”) with the interest rate of KRW 21,30,000 per annum from August 2015 to February 2, 2016, with the overdue interest rate of KRW 34.9% per annum, and the interest rate of KRW 27.9% per annum from March 2016 to June 2016, and transferred the loan amount of KRW 63,90,000 to the Defendant’s corporate account, with the interest rate of KRW 27.9% per annum.

(hereinafter “instant loan”). The loan agreement made between the above 51 lending debtor and the plaintiff contains the phrase “this loan agrees to pay to the representative of the individual rehabilitation or bankruptcy and exemption application case delegated by the debtor,” and the lending debtor C, etc. who is an employee of the defendant.

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