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(영문) 서울고등법원 2018.04.20 2017나2054518

손해배상(기)

Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2.In accordance with the selective claims added by this Court,

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capacity.

(2) Co-Defendant A of the first instance trial (hereinafter “A”) was declared bankrupt on February 16, 2017 by the Seoul Central District Court Decision 2016Hahap10271.

Defendant C is a representative director of Defendant B (hereinafter “Defendant B”) and is a representative director of Defendant B (hereinafter “Defendant B”).

B. Around January 2016, D Co., Ltd. entered into an agreement on loans for corporate purchase funds between D and the Industrial Bank of Korea (hereinafter “Industrial Bank”), and D Co., Ltd. entered into an agreement on loans for corporate purchase funds with the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”), whereby a corporate bank loans funds that it is required to pay to D Co., Ltd. for the supply of goods from its customer (sales Company) to D Co., Ltd., but deposits such loans directly into the account of its customer (sales Company), and D Co., Ltd entered into an agreement on loans for corporate purchase funds with the corporate bank to repay the loans to its

(2) In the transaction of goods between a purchasing enterprise and a selling enterprise, a purchasing enterprise has access to the website of an entity entrusted with the electronic commerce contract business by a financial institution and enters the details of the order, and, upon the request of the selling enterprise to make an estimate after attaching an electronic tax invoice issued by a selling enterprise, the selling enterprise confirms it, and then submits a written request for collection of estimate and sales proceeds, and then submit a written request for collection of sales proceeds, and if the purchasing enterprise completes the final order after re-verification, the procedure is conducted by the financial institution to transfer the funds

C. (1) Defendant B’s issuance and cancellation of electronic tax invoices by Defendant B (1) is the supplier “Defendant B,” the recipient “Co., Ltd. D,” the product “S400 et al.,” and the product “53,369,” and the quantity “53,369.”