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1. The Defendant’s KRW 44,638,842 as well as the Plaintiff’s annual rate from October 5, 2013 to May 20, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff, a company providing capital loans and loan brokerage services, etc., concluded an entrustment agreement with Hyundai Social Co., Ltd. (hereinafter “Modern Social Co., Ltd.”) on the handling of loan products.
According to the above agreement, if the Plaintiff arranged a loan premised on the transfer of the ownership of the vehicle of a buyer (a person who has contributed to the use of the financial product by arranging the Plaintiff’s loan) and the establishment of the first priority right to modern money society, and fails to perform the obligation, the principal and interest, interest interest, and other accrued expenses to the buyer should be immediately refunded to the modern money.
B. On March 10, 2010, the Plaintiff and B concluded a business service agreement with the purport that “B shall perform the business of recruiting and managing loan applicants with respect to the loan products determined by the Plaintiff, and the Plaintiff shall pay a certain business fee to B in return.”
C. C is not able to obtain a loan under its own name due to bad credit, and “B is a person who purchases used freight vehicles with a loan for the purchase of a vehicle from a capital company and affixs them a business license plate, and then makes them commercialized and resells them again. In the case of a loan to secure the purchase of a vehicle for D freight (the treatment of 11.5 tons of the instant freight vehicles, hereinafter “instant freight vehicles”) under the name of the Party, C would purchase the instant freight vehicles with the loan, make them commercialized with the job and sell them, and divide the profits therefrom into part of the profits.” The Defendant accepted it.
On February 25, 2013, the Defendant issued a certificate of personal seal impression, resident registration certificate, copy of the driver's license of a motor vehicle, and copy of the passbook necessary for loan application to C. The loan amounting to 70,000,000, interest rate of 17.9%, and installment period of 48 months.