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(영문) 서울서부지방법원 2017.10.19 2015가합38286

손해배상(기)

Text

1. Defendant A Co., Ltd. and B jointly share KRW 216,719,701 to the Plaintiff and the Plaintiff’s share with respect thereto from October 27, 2012 to January 19, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing corporate debts with weak collateral capacity.

피고 A 주식회사(이하 ‘피고 회사’라 한다)는 토목건축공사업 등을 목적으로 설립된 회사이고, 피고 B은 피고 회사의 대표이사이며, 피고 C은 ‘D’를 운영하는 사람이다.

B. In order to induce a purchasing enterprise to reduce the use of bills in connection with the settlement of goods for commercial transactions between enterprises and expand cash settlement in accordance with the government’s measures to improve the system of bills of exchange, a purchasing enterprise’s loan system for financing purchases goods from a delivery enterprise shall pay sales proceeds to a delivery enterprise on the basis of tax invoices and other transaction documents, and a purchasing enterprise is a loan system in which a purchasing enterprise pays proceeds to a delivery enterprise after a certain period of time, and such loan is a lending system in which a purchasing enterprise issues a bill of exchange and a selling enterprise makes a presentation for payment to a financial institution by a selling enterprise (hereinafter “bill of exchange”) or a method in which a selling enterprise submits a written request for collection of sales proceeds prepared and transmitted by a computer, etc.

C. 1) The Plaintiff’s implementation of the corporate purchase financing loan is between the Defendant Company and the Defendant Company, the National Bank of Korea (hereinafter “National Bank”).

(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) shall apply to the repayment obligation of corporate purchase funds to be loaned from

(2) The Defendant Company has concluded a credit guarantee agreement in accordance with the instant credit guarantee agreement and submitted a tax invoice to the Defendant Company that it traded goods with Defendant C twice as follows: