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(영문) 인천지방법원 2019.04.24 2018가단245183

손해배상(기)

Text

1. The Defendant’s KRW 49,541,400 as well as the annual rate of KRW 5% from April 20, 2017 to September 6, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing a company’s debts with weak collateral but with good credit standing. (2) The Defendant operated “C” as a private business chain selling food materials, such as rice and kimchi, and supplied rice to D from July 2014.

B. A transaction structure of a corporate purchase financing loan is a loan product that provides that a financial institution lends funds to a purchasing company if a company purchases goods and services of another company through ordinary business activities consistent with its business objectives. If a purchasing company submits a tax invoice, etc. to a financial institution to prove the conclusion of a sales contract with a selling company, the financial institution shall directly pay an amount equivalent to the purchase price to the selling company as a loan to the purchasing company. 2) Of a loan for corporate purchase financing, the method of a so-called B2B purchase financing loan out of the so-called corporate purchase financing loan is an electronic transaction contract between the selling company and the purchasing company under the brokerage of the purchasing company, and a financial institution pays the loans to the selling company if a financial institution transmits a written request for the collection of sales price in an electronic form through the MP company.

C. 1) On May 22, 2013, the Plaintiff Company E (hereinafter “E”) between D and D on May 22, 2013.

(B) With respect to a loan obligation of KRW 300,000,000 for corporate purchase funds to receive a loan from B2B through “B2B purchase financing loan”, the amount guaranteed shall be KRW 255,00,000 (85%) and the credit guarantee agreement (hereinafter “the credit guarantee agreement”) shall be determined by the term of May 20, 2016 as of May 20, 2016.

(2) On May 27, 2013, D Co., Ltd. (hereinafter “F”) concluded a contract with the Defendant, the Defendant, on January 13, 2015, below the Internet homepage of F Co., Ltd. (hereinafter “F”).