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(영문) 서울중앙지방법원 2020.12.23 2019가단5173548
보험금
Text

1. The Plaintiff:

A. As to Defendant C Co., Ltd and D’s joint and several KRW 51,102,37 and KRW 29,147,917 among them, the amount of KRW 51,102,37 shall be determined.

Reasons

1. Basic facts

A. On September 2013, the Plaintiff, a company engaged in all business related to credit specialization, entered into an alliance agreement with Defendant C Co., Ltd. (hereinafter “Defendant C”) with the following contents (hereinafter “instant agreement”). Defendant D, as the representative director of Defendant CC, jointly and severally guaranteed Defendant C’s obligation to the Plaintiff under the instant agreement.

In relation to the handling of the Plaintiff’s credit products, the Plaintiff and the Defendant finance agree to handle the business related to the handling of the Plaintiff’s credit products (the used cars, used construction machinery and industrial re-credit)

Article 1 (Purpose) The purpose of this Credit Finance Affiliation is to establish a contractual relationship and to promote mutual benefits by faithfully complying with this Agreement so as to ensure that the Plaintiff’s business related to the handling of the Plaintiff’s credit products is entrusted to the Defendant financial institution and that the Plaintiff and the Defendant financial institution can carry out its business affairs smoothly and soundly.

Article 2 (Definitions) The definitions of terms used in this Arrangement shall be as follows:

1. “Buyer” means an applicant who wishes to use our financial instruments through a partnership point.

2. The term "person related to debts" means a person who provides a guarantee or security, etc. to a buyer who uses a financial product of the plaintiff.

Article 4 (Mediation of Contracts, etc.) (1) The defendant financial institution shall select a purchaser who meets the requirements required by the plaintiff and arrange at the request of the plaintiff.

③ Defendant financial institution shall submit the documents requested by the Plaintiff before entering into a contract, and the Plaintiff shall determine whether to approve the contract and the credit limit, following the inquiry, investigation, and examination of credit information on the purchaser and the person related to debt provided by the Defendant financial institution.

④ The Plaintiff independently determines whether to conclude a contract with the Defendant financial intermediary and the terms of the contract, and the Defendant.

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