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Reasons
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(영문) 대전지방법원 2014.11.28 2014가단18442
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person who runs a loan brokerage business by entering into an agreement on the entrustment of business with the subordinate company of Aju Capital Co., Ltd. (hereinafter “Aju Capital”).

B. The Plaintiff purchased used cargo at the recommendation of D and E, and thereafter, intended to enter and operate the FF corporation run by D.

C. On October 9, 2012, the Plaintiff entered into a loan agreement (hereinafter “the instant loan agreement”) with a company Agrodow Co., Ltd. (hereinafter “Agrodow”) to borrow KRW 45,000,000 at an interest rate of 16.9% per annum and 36 months on equal terms for the principal and interest repayment (hereinafter “the instant loan agreement”).

The defendant arranged the loan contract of this case by the introduction of D, and received necessary documents, such as a loan application and a certificate of personal seal impression, from the plaintiff, and processed the loan business for Aju Capital.

E. On October 9, 2012, Aju Capital remitted the amount calculated by subtracting KRW 20,000 from 45,000 to 30,000 from 45,000 to 30,000 from 45,000.

On the same day, the Defendant transferred KRW 44,980,00 (=45,00,000 - 20,000) to the account designated by the Plaintiff (National Bank H).

F. On October 10, 2012, the Plaintiff, upon the request of D and E, remitted KRW 30,000,000, out of the loans received as above, to the account of F&A. On the following day, the Plaintiff paid most of the above loans to D, etc. by remitting KRW 10,000,000 to the same account.

G. The Defendant intended to set up a collateral security on the instant cargo vehicle in accordance with the instant loan agreement, which became aware of the fact that the Plaintiff did not actually purchase the instant cargo, as otherwise stipulated in the instant loan agreement.

H. Accordingly, the Defendant around October 30, 2012, entered into the instant loan agreement with the Plaintiff, D, and E.

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