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(영문) 서울중앙지방법원 2018.03.30 2017가합11860
채무부존재확인
Text

1. The plaintiff against the defendant:

(a) The liability for damages under a contract described in paragraph 1 of the annex is KRW 73,500,000 and KRW 73,500.

Reasons

1. Facts of recognition;

A. The status of the parties has been engaged in the business of lending loans for the purchase of used freight vehicles among the borrowed goods handled by the Defendant, as a part of the entrusted business.

B. On June 1, 2015, the Plaintiff entered into an agreement on the entrustment of affairs between the Plaintiff and the Defendant with the Defendant to enter into an agreement on the entrustment of affairs (hereinafter “instant agreement on entrustment of affairs”). Accordingly, the Defendant continued to perform the affairs entrusted. Of the instant agreement on entrustment of affairs, the contents relating to the instant agreement on entrustment of affairs are as follows.

Defendant (A) and the Plaintiff (hereinafter referred to as “loan products”) shall entrust the Plaintiff with some of the duties related to the loan products that the Plaintiff handles (hereinafter referred to as “loan products”), and shall conclude an agreement as follows:

Article 2 (Method of Demand for Required Documents and Duty of Care) (1) The plaintiff shall have the duty of due care as a good manager in performing the entrusted duties under Article 3.

(2) The plaintiff shall submit to the defendant all the required documents and all the expenses incurred in relation to the loan product under the name of the customer, and shall inform the defendant properly and explain all the facts that may affect the approval of the loan product.

Article 3 (Scope of Affairs Entrusted by the Defendant) (1) The scope of affairs entrusted by the Defendant to the Plaintiff is as follows:

1. Customer intermediation of loan products;

3. Customer identification and self-verification of lending products;

4. Confirmation of the authenticity of purchase of goods related to loan products;

5. Confirmation of the preparation and authenticity of all documents related to loan products;

6. The establishment of the right to collateral security and the confirmation of the first priority in relation to the loan products (service fees) ① The Defendant shall pay the service fees to the Plaintiff for the entrusted services under Article 3, and the matters concerning the service fees shall be determined by the Defendant and notified in writing to the Plaintiff.

Article 6 (Loan Approval and Payment of Loans) (1) With respect to an application for a customer's loan product, the defendant shall be the plaintiff.

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