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(영문) 서울고등법원 2018.07.13 2018나2007519

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which ordered payment, shall be revoked.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 5 through 8, and Eul evidence Nos. 4, 7, and 8, with a whole purport of the pleadings.

[1] Around March 29, 2011, the Plaintiff entered into an agreement with Defendant Company B (hereinafter “Defendant Company”) to provide credit guarantee with the amount of guarantee to cover KRW 252,00,000, and the term of guarantee until March 28, 2012, as the Plaintiff received a loan for corporate purchase from the National Bank Co., Ltd. (hereinafter “National Bank”), the Defendant Company entered into a guarantee agreement with the National Bank (hereinafter “National Bank”).

(hereinafter “instant credit guarantee agreement”). The instant credit guarantee agreement was extended on March 28, 2012 by March 28, 2012, and around March 28, 2013 due to changes in the terms and conditions of guarantee on two occasions and extended on March 28, 2014.

Defendant C was the representative director of the Defendant Company from March 31, 2012, and the Defendant A was registered as the representative of the individual entrepreneur “D”.

(D) The loan of corporate purchase fund / [2] The loan is a loan that a financial institution lends the purchase fund to a purchasing company if the company purchases goods and services of another company as an ordinary business activity consistent with its business objectives.

If a purchasing company submits a tax invoice, etc. to a financial institution to prove the fact of concluding 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.

Of the loans for corporate purchase, electronic commerce between companies (B2B) is a type of electronic commerce contract between a purchaser and a seller under the brokerage of an electronic commerce brokerage company (hereinafter “MP company”) and transmit a written request for collection of sales proceeds through a computer, etc. to a financial institution through a MP company.