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(영문) 서울중앙지방법원 2015.04.16 2014가합579167

채무부존재확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”)’s status as the parties is a company whose business purpose is the oral manufacturing business. Plaintiff B is a person engaged in the manufacturing, etc. of new products with the trade name “C,” and Plaintiff Emp Co., Ltd. (hereinafter “ EmpC”) is a company whose business purpose is to make and sell oral, handbags, bags, etc. with the trademark “Ecuadian.”

B. Article 2 (Definition) (1) of the Standard Terms and Conditions for the Settlement System of Credit Sales Bonds, such as the conclusion of the instant loan agreement, are defined as follows.

1. The term "electronic sales bond" means the electronic payment means that a purchasing enterprise designates a selling enterprise as a creditor and issues to pay a specified amount at a specified period;

2. The term “user” means a purchasing enterprise and a selling enterprise using the settlement system;

3. The term "purchase enterprise" means an enterprise which purchases goods, services, etc. from a selling enterprise and issues electronic credit sales bonds;

4. The term "sale enterprise" means an enterprise provided to a purchasing enterprise with goods and services and settled with electronic sales bonds on credit;

5. The term "loan against security of credit sales claims by electronic means (hereinafter referred to as "foreign currency loan")" means a loan handled by a bank on the basis of the electronic credit sales claims issued by a purchasing enterprise as a debtor by a purchasing enterprise;

6. The term “outstandings with the right to demand reimbursement” means a loan in which the bank exercises its right to demand reimbursement, in the event that the purchasing enterprise fails to settle the relevant credit sales claims at maturity after the bank executes the external cover sold by the selling enterprise, which was sold by the former, and the latter is sold by the latter;

7. The term “outstanding bank” means that the bank shall in the electronic form of the selling enterprise.