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(영문) 인천지방법원 2014.07.17 2013가단27410
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant A with respect to the real estate mortgage loan located in Seoul and Seoul Metropolitan area.

A financial institution that entered into a business agreement as mentioned in paragraph (1), and Defendant A is a certified judicial scrivener who has been entrusted with loan brokerage, registration, etc. in accordance with the business agreement, and Defendant B is a person who has been employed as an employee of Defendant A.

B. On October 6, 2011, the Plaintiff: (a) commissioned Defendant A as a certified judicial scrivener with respect to the Plaintiff’s credit business; (b) entered into a business agreement with Defendant A (hereinafter “instant business agreement”); and (c) the main contents thereof are as follows.

Article 2 (Delegation Contents and Scope of Duties) (1) The operations and scope to which this Convention applies shall be as follows:

1. Execution of real estate mortgage loans;

2. Brokerage of loans to customers meeting the terms of loans by the plaintiff;

3. Execution of a loan by assumption of the obligation;

4. Execution of loans related to the sale and purchase of real estate;

5. Introduction of the Plaintiff’s loan of the remainder of real estate auction to Defendant A. (2) The loan brokerage agreement applies to the registration of the establishment of a neighboring mortgage, the transfer of ownership, and the delegation of other incidental business conducted with respect to the Plaintiff’s real

③ Defendant A includes the explanation of the terms and conditions of credit transactions, delivery, the current status of collateral, the current status of rental research institutions (Seoul Credit Information and Future Credit Information) that have agreed with the Plaintiff, the current status of transfer households and lease on the date of loan, and other credit incidental business which the Plaintiff separately determines and delegates to Defendant A.

In accordance with Article 3 (Procedure of Work Handling) (Procedure of Work Handling), the work process between the plaintiff and the defendant shall be determined as follows:

① Defendant A shall provide the Plaintiff with the customer’s personal information on the sale and purchase of, and the new construction and sale of, real estate (a apartment, loan, or other real estate) located in Seoul and Seoul Metropolitan area and all information on, the relevant goods.

(2) The appraisal and assessment of securities shall be neighboring.

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