(영문) 광주지방법원 2016.07.22 2015나10369

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(영문) 광주지방법원 2016.07.22 2015나10369

구상금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of automobile sales and loan agency business of financial institutions.

B. The Plaintiff entered into an installment financing association agreement (hereinafter “instant association agreement”) with Korea Social Co., Ltd. (hereinafter “Nonindicted Company”), with the following contents, and handled loan business for a person who applied for a loan for the purchase of a motor vehicle to Nonparty Company via the Plaintiff.

Article 1 (Purpose) The purpose of this Act is to determine the basic contractual relationship between A and B in order to ensure that part of the business affairs entrusted to the Republic of Korea Social Co., Ltd. (hereinafter referred to as “A”) is smoothly and soundly performed.

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

(2) Eul shall submit all required documents and all expenses incurred in relation to loan products in the name of a customer to A by claiming them collectively from the customers, and all facts that may affect the approval of loan products shall be notified and explained appropriately to A.

(3) B shall be fully responsible for the matters falling under Article 3.

(4) A person who has entered into a contract for installment financing and loan brokerage with a customer Gap or A shall recover loans directly from the customer.

B shall provide the best assistance and efforts to facilitate the recovery by a person who has entered into a contract for the brokerage of loan products with A and A.

Article 3 (Scope of Entrusted Affairs) (1) The scope of affairs entrusted to A by A shall be as follows:

1. Mediation of customers of installment financing and loan goods;

2. The scope of loans shall include leases, credit loans, secured loans, etc.;

3. Confirmation of customers of installment financing and loan goods and their own identification;

4. Ascertainment of the authenticity of the purchase of goods related to loaned goods.

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