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(영문) 서울중앙지방법원 2019.05.29 2018나48177

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The Defendants jointly share KRW 21,309,734 on July 14, 2006 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise.

(2) On August 25, 2003, the Plaintiff entered into a credit guarantee agreement with D, which provides a credit guarantee service (hereinafter “the instant credit guarantee agreement”) with respect to the obligation to repay KRW 100,000,000,000 for corporate purchase funds to be loaned from the Industrial Bank of Korea, with the name of “C”, until August 24, 2004, with respect to D’s obligation to repay KRW 85,00,000 for corporate purchase funds to be loaned from the Industrial Bank of Korea, until August 24, 2004, the Plaintiff issued a credit guarantee agreement with the content that the Plaintiff provides the credit guarantee service (hereinafter “E”), and the final amount of the guaranteed amount was changed to KRW 72,250,00 for the guaranteed amount and the guarantee period was changed to August 24, 2006.

(3) D submitted the said credit guarantee statement as security and entered into an agreement with the Industrial Bank of Korea for financing for corporate purchase.

B. The transaction structure of a corporate purchase financing loan (1) is a loan that a financial institution handles goods and services to a business entity that purchases goods and services due to its ordinary business activities consistent with its business objectives in connection with a transaction between the business entity that received a business registration certificate, and the form in which a financial institution and the purchasing business entity receives an amount equivalent to the transaction amount as a loan to the purchasing business entity if the purchasing business entity submits a tax invoice, etc. that can prove the transaction with the selling entity within the agreed limit.

(2) In the financing transaction of corporate purchase loan, a financial institution loans funds to the purchasing company that is the debtor. ① The debtor shall be issued a tax invoice from the selling company that is the customer and the amount equivalent to the price of the goods shall be stated.