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(영문) 수원지방법원 2020.05.21 2019나85935
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered to pay the following difficulties shall be revoked.

2...

Reasons

1. Basic facts of the request;

A. (1) The Plaintiff is a L Bank that runs the loan business, etc., and the Defendant is a company that runs the loan brokerage business of L Bank.

(2) On May 17, 2016, the Plaintiff developed a loan product that provides a loan to the Defendant as security, and entered into an entrustment contract for standard loan recruitment business (hereinafter “instant entrustment contract”) with the content that the Plaintiff entrusts the Defendant with the recruitment business of the applicant for the loan regarding the said loan product, and an “appraisal delegation contract” with the content that the Defendant evaluates the value of the imported frozen meat provided as security at the time of the said loan (hereinafter “each of the above two contracts”).

(3) Article 3 of the instant consignment contract provides for the scope of business entrusted by the Plaintiff to the Defendant as follows.

(4) The Plaintiff paid 0.16% of the monthly average loan balance of the loan applicant as fees collected by the Defendant in accordance with the instant consignment contract. The loan applicant’s personal information required for the loan applicant’s business and loan brokerage business, the confirmation of infringement, the identification of the debtor and the offerer’s identity, the process of securing claims and the calculation of the amount of appraisal of rights and the provision of appraisal.

(5) On the other hand, while entering into each of the instant contracts, the Defendant: (a) made a non-life security memorandum stating that “the Defendant shall be liable for damages in the event of loss to the Plaintiff’s property and credit, regardless of intention or negligence, when any problem arises due to lack of claims (e.g., notification of the transfer of claims and senior security) in the course of performing the loan recruitment business entrusted under Article 3 of the loan recruitment contract entered into with the Plaintiff.” (hereinafter “the instant damage security memorandum”).

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