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(영문) 부산지방법원 2018.08.22 2017가단310315
손해배상(기)
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 76,370,968 as well as KRW 69,270,927 as well as full payment from March 28, 2017.

Reasons

1. Facts recognized;

A. The Plaintiff is a specialized credit financial business company operating installment financing business. On September 9, 2011, the Plaintiff entered into an agreement on installment financing business with Defendant F Co., Ltd. (hereinafter “Defendant F”) on the installment financing agency business, etc. (hereinafter “instant agreement”). Defendant G and H jointly guaranteed all the Defendant F’s obligations owed to the Plaintiff under the instant agreement.

The main contents of this Agreement, section 1 (Purpose) of this Agreement, the purpose of this Agreement is to provide for a basic contractual relationship between A and B and to promote mutual benefits by faithfully observing this Agreement in order to ensure that the business of A (Plaintiff) is to be entrusted to B (Defendant F) with the business related to the handling of loaned goods and that the business is to be performed smoothly and in a sound manner.

Article 5 (Personal Confirmation and Required Documents) A shall directly verify whether all persons related to the obligation under the responsibility of B are the principal and the contract's intention.

B shall collect all documents, such as an application for a loan, related to the credit provision of A, in which a person liable to pay debts directly prepares and affixes his/her signature and seal, and the forms and types of documents related thereto shall be as determined by A.

Article 6 (Application for Loan Goods) A shall make an application for installment financing to a buyer after submitting to the buyer A a sales contract, a tax invoice, and other evidentiary documents verifying that all documents related to the preservation of claims and all other documents related to the preservation of claims are provided by the debtor-related party.

Article 7 (Approval for Loan)

1.In respect of the portion of an application for installment financing under Article 6, A shall notify B of whether to approve the loan within three business days from the date of receipt or the date of receipt of the supplementation of defective matters under paragraph 2 of this Article.

Provided, That the loan shall be deemed to have been rejected unless there is a notification from Gap on the approval of the term.

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