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(영문) 서울중앙지방법원 2018.08.28 2017가단5217352
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 48,377,872 to the Defendant (Counterclaim Plaintiff) and its related amount from November 15, 2017 to August 28, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a finance company in charge of lending of funds, and the Defendant entered into an entrustment contract and an additional agreement with the Defendant (A) during the contract period from March 25, 2013 to March 24, 2015 with the Defendant (B) as follows.

Article 3 (Scope of Entrustment of Loan Solicitation Business) (1) The scope of the loan offering business entrusted by Party A to Party B is as follows:

1. Consultation on loan application (including loan application via the Internet);

2. Confirmation of the applicant/sureties's own signature or seal (or seal) at the time of applying for a loan;

3. Receipt and confirmation of loan documents determined by Gap and submission of them to Gap;

4. Article 11 (Offer of Security) (B) for the identification of the applicant for loan/sureties at the time of applying for loan shall provide security to A by any of the following methods, etc. in preparation for any damage to A or the applicant for loan in handling the loan recruitment business entrusted under Article 3:

1. Deposit for accident security: In cases where the amount equivalent to 10/100 of the fee is paid to Gap when the fee is paid to Eul pursuant to Article 5, Article 12 (Indemnification) (2) In conducting the loan recruitment business entrusted under Article 3, if the loan requester violates the terms of the contract, or he/she intentionally or negligently causes damage to Gap's property and credit due to the applicant's own signature, failure to verify the loan applicant's own signature, or forgery or alteration of the loan documents, he/she shall be liable

In such cases, A may notify the details of the damage in writing to B and preferentially pay the amount of the damage to B to the security funds or fees to be paid by B.

Additional Agreement:

1. Business Responsibilities are thoroughly met to the lessors under the responsibility of B in soliciting this loan product.

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