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1. The Defendant’s KRW 16,201,352 and any of them to the Plaintiff
(a) From September 1, 2018 to October 4, 2019, KRW 43,723,350.
Reasons
1. Basic facts
A. The plaintiff is a corporation whose purpose is to sell and purchase used cars, and the defendant is a corporation with the purpose of installment financing, etc.
Article 1 [Definition of Person Related to Transactions] Definition of Person Related to Business Entrustment is defined as follows:
(1) A (Defendant) means B Co., Ltd., the operator of a loan.
(2) The term "Plaintiff B" means a person who assists in installment financing and general loans under his/her service and commission agreement with A related to loans.
(3) A seller: A seller of used cars for the sale of used cars to a buyer.
(4) A buyer: It refers to a person who requests a seller to use installment financing or general loan goods and consented to such loan.
Article 9 [Liability for Return of Loans] (1) Where a loan is revoked as it falls under any of the following subparagraphs, B shall immediately return to A the principal, transitional interest, and other accrued expenses at the time when the loan is revoked to the relevant buyer, and in the event of delay in the performance, A shall pay the delayed interest determined by B for the amount claimed to be returned from the date when the claim is filed to be returned:
1. Where the buyer and the joint guarantor of the buyer and the joint guarantor of the buyer and the joint guarantor of the buyer and the joint guarantor of the buyer fail to verify the identity of the buyer and the joint guarantor of the purchase and the joint guarantor, and their seal imprints are denied;
2. Where Eul purchases a vehicle for the purpose of cash financing and arranges a loan with the knowledge of the circumstances to be sold again to a third party;
3. Where loans are arranged by dividing or overlapping loans to us or other financial institutions for the same vehicle B.
4. Where he/she arranges a loan under the name of another person.
5. Where a vehicle that he/she receives from A is misappropriated or embezzled;
6. Where the unauthorized change of the sales contract of a seller who manages B after the loan, the unauthorized recovery of the vehicle, or the vehicle is not delivered to the buyer, the default of the warranty liability and the incidental promise to the buyer.