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(영문) 서울동부지방법원 2017.03.23 2016가단107968

손해배상(기)

Text

1. Defendant A Co., Ltd. and B, each of the Plaintiff, KRW 49,451,134, and its amount from December 15, 2011 to April 4, 2016.

Reasons

1. Facts of recognition;

A. Defendant B is the representative director of Defendant A, Defendant D is the representative director of Defendant C, and Defendant F is the representative director of Defendant E.

B. Around August 26, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A to secure the payment of the principal and interest of the loan, when Defendant A received a corporate purchase loan from Korea Bank Co., Ltd. (hereinafter “Korea Bank”).

C. A corporate purchase financing loan is established in accordance with the Regulations on the Handling of Corporate Purchase Funds by Financial Institutions established in accordance with the relevant statutes, such as the Restriction of Special Taxation Act and the Enforcement Decree of the Corporate Tax Act. The basic structure of the lending method is to enable a purchasing company to obtain a loan from a financial institution and pay it in cash to a selling company in order to induce cash settlement among the companies.

Therefore, a corporate purchase financing loan consists of a financial institution (the bank in this case) and a purchasing enterprise (the defendant A) submit data that can prove the fact of transaction with the purchasing company (the defendant C and E in this case) within the limit agreed in advance, and the selling company also approves the existence of the relevant fact of transaction (i.e., in order for the selling company to receive the price of its goods with the purchase financing loan, within 30 days from the date of issuance of the tax invoice, etc. on the transaction of the goods, and (ii) suggest the payment of the bill of exchange issued by the purchasing company to the financial institution, or (iii) prepare and submit a written request for the collection of sale proceeds in electronic form) and a financial institution directly pays the loan to the selling company.

Defendant A obtained a loan of KRW 32,029,150 paid to Defendant C on September 6, 2010 from the Bank through the process of financing for corporate purchase from the Bank, and KRW 26,148,656 paid to Defendant E on December 28, 2010.