손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating the financing of the company by guaranteeing the debt of the company which lacks security capability.
The F Co., Ltd. (hereinafter “F”) is a company established on January 18, 1997 for the purpose of the pipeline material and stone sales business, and G and Defendant E are engaged in the business of selling piping material and stone and the business of manufacturing and selling hot water distribution machines as business partners of F.
Defendant B is the representative of Defendant B, and Defendant C served as Defendant E’s representative director from November 8, 2003 to June 30, 2007, and from June 30, 2008 to July 16, 2010.
On May 2, 2008, the Plaintiff entered into a credit guarantee and corporate purchase financing agreement (hereinafter “the letter of credit guarantee”) with F on May 2, 2008, issued to F a credit guarantee statement with the effect that, in obtaining a loan for corporate purchase from a new bank (hereinafter “new bank”), F is liable for a guarantee liability for KRW 216,00,000, out of KRW 270,000,000, whichever is 80% of the estimated amount of the loan, until April 30, 2009.
The F shall submit the instant guarantee to a new bank on the same day, and a loan to a financial institution to a debtor under an enterprise purchase loan agreement between the new bank and the new bank with a limit of 270,000,000 won, if the debtor delivers a bill of exchange indicating the amount of face value equivalent to the amount of the goods to which the payer is a financial institution at the same time when the debtor purchases the goods from the customer and at the same time delivers the bill of exchange to the customer, the customer shall present the said bill of exchange to the financial institution and the financial institution shall pay the face value of the bill of exchange to the customer upon approval of the debtor.
AB concluded the agreement.
On April 29, 2009, the term of guarantee to the new bank on April 30, 2010.