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(영문) 수원지방법원 2015.11.26 2014나40869
질권존재 확인의 소
Text

1. At the request of exchange change in the trial, the Industrial Bank of Korea between the Plaintiff and the Defendant on April 12, 2013, respectively.

Reasons

1. Basic facts

A. A. On April 2007, the Plaintiff (former: Daewoo Capital Co., Ltd.) entered into a delegation contract for loan business (hereinafter “instant delegation contract”) with B Co., Ltd. (hereinafter “B”).

The main contents relating to this case in the above contract are as follows:

The plaintiff (hereinafter referred to as "A") and B (hereinafter referred to as "B") shall enter into a delegation agreement with respect to the affairs related to the loan handling of installment financing (including heavy, misleading, and industrial materials) and lease financing (hereinafter referred to as "entrusted goods") related to the buyer's purchase of the product as follows:

Article 1 (Definitions of Terms) (3) The term "affiliated store" means a person who sells and supplies the relevant goods through loans related to the purchase of goods, such as goods by a purchaser, and leased goods in accordance with the transaction relationship with "B".

(5) "Buyer" means a person who has applied for a loan and lease of goods to "A" and consented to "A" in order to purchase goods sold and supplied by "A".

(6) "Delegated goods" means goods that can be handled with the delegation of "A", and this shall apply in accordance with the standards for the management of goods of "A".

Article 2 (Performance, etc. of Duties) (1) “A” shall delegate “B” with the duties of Article 3 related to the handling of delegated goods of “A”, and “B” shall be performed under the responsibility of “B” for the purpose of “A”.

Article 3 (Scope of Delegation Affairs) (1) The duties delegated by "A" to "B" shall be as follows:

1. Arrangement of delegation products related to the purchase of goods;

3. Confirmation of the authenticity of purchase of goods by a buyer, and collection of written applications for loans, written agreements, and all other documents necessary for loans prescribed by "A";

4. The duty of checking the complete submission of documents required for the relevant delegated goods and entering information in the examination and approval system of A;

6. The warranty after the sale and sale of “affiliated stores” shall be against warranty.

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