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(영문) 서울서부지방법원 2017.06.20 2016가단210620

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. On October 31, 2008, the Plaintiff entered into a credit guarantee agreement (85% of a guarantee agreement) with Daesung Co., Ltd. (hereinafter “SMD”) for a loan for corporate purchase funds. The non-party company secured this as collateral a loan for a loan for corporate purchase funds between an enterprise and a bank, which deals with the goods and services by ordinary business activities consistent with its business objectives in relation to the transaction between the company and the company to which the financial institution received the business registration certificate, and the financial institution and the purchasing company submit a tax invoice, etc. to prove the transaction with the purchasing company within the extent agreed upon between the financial institution and the purchasing company, it is a type of loan in which the selling company receives an amount equivalent to the transaction amount as a loan from the purchasing company.

There are two forms of bill of exchange in which the debtor issues a bill of exchange with a bill of exchange equivalent to the price of the goods and the sales company makes a payment to the financial institution by issuing a bill of exchange with a bill of exchange from the sales company which is the customer, and the bill of exchange which the sales company submits a written request for the collection of the price of the sales that the sales company prepares and transmits in electronic form by computer, etc.

AB concluded the agreement.

B. Defendant A Co., Ltd (hereinafter “Defendant A”) received corporate purchase funds borrowed by corporate banks in B2B from Nonparty A on the basis of the instant tax invoice (hereinafter “instant tax invoice”) as follows.

C. However, when a credit accident occurred due to the non-party company's failure to pay the above principal and interest of loan, the plaintiff subrogated to the corporate bank on August 25, 2009 pursuant to the credit guarantee agreement, while claiming reimbursement against the non-party company, etc.