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(영문) 서울중앙지방법원 2020.05.11 2019가단5057707

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. Defendant A is a person who was the representative director of Defendant A Co., Ltd. (hereinafter “C”), and Defendant B is a person who operates a trade name of Defendant D.

B.1) If a seller sells goods to a lending obligor and then claims payment of sales proceeds to a lending institution through an electronic commerce brokerage site, accompanied by a tax invoice, etc., the lending institution formally examines the transaction and then pays the proceeds to the seller directly within the lending limit. 2) The Plaintiff: (a) between C and C on April 8, 2011, and C receive a loan for corporate purchase funds from the Industrial Bank of Korea; (b) the guarantee period is KRW 54.9 billion; and (c) the credit guarantee period is determined from April 8, 2011 to April 6, 2012 (hereinafter “the guarantee contract of this case”); and (d) the Defendant issued a credit guarantee contract for electronic commerce loans to C on April 8, 2011; and (e) Defendant A jointly and severally guaranteed 80% of the debt of C.

In addition, C entered into a loan agreement with the Industrial Bank of Korea on the basis of the above credit guarantee agreement.

3) Meanwhile, with respect to a loan of corporate purchase fund, the rules and terms and conditions of use applicable to the loan (hereinafter “the rules of use”), as well as the terms and conditions of use (hereinafter “the rules of use”).

Of the parts relevant to the instant case are as follows. Article 6 (Conditions on Bills of Exchange, etc.) (3) of the Handling Regulations provides that a dealer shall request collection or transmit a written request for collection of bills of exchange or sales proceeds within 31 days from the date of issuance of a tax invoice, etc.

1. The settlement of funds without actual transactions of goods and services;