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(영문) 수원지방법원안양지원 2017.10.26 2015가합101103

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. Facts of recognition;

A. On March 26, 2007, the Plaintiff entered into a credit guarantee agreement (80% of a guarantee agreement) with Defendant A Co., Ltd. (hereinafter “Defendant A”); Defendant A’s representative director is Defendant A; Defendant C is a financial director that was in charge of the Defendant A’s corporate purchase financing; Defendant C entered into a credit guarantee agreement (80% of a guarantee agreement) with respect to corporate purchase financing loans that Defendant A will receive from Han Bank; and on June 22, 2010, Defendant A entered into a credit guarantee agreement (80% of a guarantee agreement) with respect to corporate purchase financing loans that Defendant A will receive from Industrial Bank of Korea.

Defendant A entered into an agreement with Han Bank and the Industrial Bank of Korea as collateral for the credit guarantee agreement.

(b) A corporate purchase financing loan shall be made in such a manner that, when an electronic commerce contract on transactions between a borrower and a customer is submitted to a lending agency, a loan equivalent to the transaction amount is paid directly to the customer within the agreed lending limit.

C. On October 15, 2010, Defendant A entered into an electronic commerce contract (a total of KRW 100,000,000) entered into with Defendant D (F), which was signed on November 2, 2010, the electronic commerce contract (a total of KRW 5,500,000) dated November 2, 201, the electronic commerce contract (a total of the supply and tax amount) dated November 11, 2010, the electronic commerce contract (a total of KRW 10,000,000), the electronic commerce contract (a total of the supply and tax amount) dated January 17, 201, the electronic commerce contract (a total of KRW 153,82,211), and the electronic commerce contract (a total of the supply and tax amount) dated January 17, 201, Defendant A transferred KRW 30,000,000 to one bank, one of which was loaned to Defendant D Bank around 208.

Defendant A is the value and amount of tax in the electronic commerce contract dated March 31, 2010 (a total of 12,101,523 won) prepared between Defendant E (Trade) and the business partner, as of May 4, 2010 (a total of 12,728,259 won), the electronic commerce contract of May 31, 2010 (a total of 12,728,259 won), the electronic commerce contract of May 31, 2010 (a total of 9,679,279 won), and the value and amount of tax in the electronic commerce contract of September 30, 2010.