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1. The Defendants are jointly and severally liable to the Plaintiff for 33,053,430 won and 25% per annum from March 9, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a specialized credit financial business company operating installment financing business, facility leasing business, etc., and the Defendant limited liability company A (hereinafter “Defendant A”) is a company operating installment financing and general loan brokerage business, and the Defendant B is the representative director of the Defendant A.
B. The Plaintiff entered into an entrustment agreement with Defendant A on November 30, 2012 under the joint and several sureties of Defendant B (hereinafter “instant agreement”), and its main contents are as follows.
Article 3 (Persons Eligible for Services) (1) The duties subject to the agreement between A (referring to the plaintiff) and B (referring to defendant A) shall be as follows:
1. Mediation of applicants for installment financing and general loan goods, etc. by Gap;
2. Verification of the authenticity of purchase of motor vehicles or construction machinery, applicants for loans, whether joint and several suretiess are themselves and their own confirmation;
3. Article 4 (Payment of Service Fees) (1) A shall pay service fees in connection with loan handling business services of B, and the provisions on the service fee rate shall have a separate provision, and shall comply therewith;
Article 6 (Application for Loan Goods) (1) Eul shall have the buyer Party A file an application for loan goods on his own with the buyer or the general seller on his responsibility, accompanied by all documents related to the preservation of claims and all documents verifying the purchase of vehicles, and shall have the buyer Party A file an application for loan goods on his behalf.
Article 7 (Payment of Loans and Grant of Loans) (1) Where a loan document (original) under Article 6 is submitted to A, A shall, in principle, confirm the relevant loan and deposit the loan into the bank account designated by B within the following day from the date of receipt.
However, the condition that Gap submitted the original register of automobiles or construction machinery, the securing of which has been completed within the time limit set by Eul, to Gap, is to confirm the relevant proposal loans and to receive them.