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(영문) 수원지방법원안양지원 2017.05.26 2015가합104249 (1)

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. 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 capability.

Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and C Co., Ltd. (hereinafter “C”) is a trader who has traded goods supplied by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. Around June 25, 2010, the Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds. Around June 25, 2010, the third party branch of a corporate bank Co., Ltd. (hereinafter “corporate bank”).

(B) A credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with respect to the obligation to repay KRW 1.8775 billion to a company purchase fund to obtain a loan from a seller in B2B (the submission of a written request for collection of the proceeds from sale prepared and transmitted by a seller in an electronic form by computer, etc.) until June 24, 201, including the guaranteed principal amount of KRW 1.5 billion (80% of the guaranteed principal) and June 24, 201

(2) C) submitted the said credit guarantee statement as security and concluded a loan agreement with the corporate bank for corporate purchase funds.

C. 1) Corporate purchase financing loan is executed in a manner that, when a tax invoice prepared between a lending obligor and a transaction partner is submitted to a lending institution, loans equivalent to the transaction amount are directly paid to the transaction partner within the agreed lending limit. 2) C submitted an electronic commerce contract to the effect that C was supplied with water supply and sewerage systems and equipment by the Defendant company three times from July 1, 201 to September 5, 201, and received a total of 547,951,470 won from an enterprise bank (hereinafter “instant loan”).

A loan in this case by C, such as the occurrence of a credit guarantee accident and subrogation.