손해배상(기)
1. Of the judgment of the court of first instance, the part of the judgment against the Plaintiff corresponding to the money ordered to be paid below is respectively.
1. Basic facts
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company engaged in the manufacturing and wholesale and retail business of special lectures, and Defendant B is the representative director of the Defendant Company.
B. On May 30, 2007, the Plaintiff issued a credit guarantee certificate with a rate of 85% of a loan, when the Korea Single Manufacturing Industry Co., Ltd. (hereinafter “Korea Single Manufacturing Industry”) obtained a loan for corporate purchase (e-purchase loan) from our bank.
C. The Korea Single Industries submitted the credit guarantee certificate to our bank as a security, ① applies for a loan to our bank on the basis of the tax invoice received from the seller (Transaction). ② Accordingly, if the seller transmits the bill of exchange to our bank the bill of exchange or the request for the collection of sale proceeds, the Korea Single Industries entered into an agreement with our bank for the loan of corporate purchase funds by paying to the seller the amount on the bill of exchange or the request for the collection of sale proceeds.
In order to repay the price of the goods to the Defendant Company, the Korea Development Bank applied for a loan of purchasing funds three times, and the Bank directly paid the Defendant Company a sum of KRW 195,00,000,000 (hereinafter collectively referred to as “each of the instant loans”) as follows, and the Defendant Company, upon deposit of each of the instant loans, immediately transferred money of the same amount as the amount of the instant loans to the Korea Development Bank as indicated in the following table:
Serial Amount of remittance of the amount of loan on the date of lending the tax invoice issued on the date of issuance of tax invoice shall be KRW 5,000,000 on November 20, 2012, KRW 55,000,000 on November 20, 2012, KRW 55,000,000 on December 328, 2012, KRW 10,000,000 on December 328, 2012, KRW 199,872 on December 19, 2012, KRW 10,000,000 on December 14, 2012, KRW 40,000,000 on the loan amount, KRW 40,000,000 on the date of lending; and
E. A credit guarantee accident occurs in which the Korea Single Manufacturing Industries fails to pay the principal and interest of each of the above loans, and the Plaintiff.