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(영문) 서울중앙지방법원 2014.02.19 2012가합522242

물품대금

Text

1. Defendant B Co., Ltd.: (a) KRW 43,361,648,968; and (b) from June 1, 2012 to October 27, 2012.

Reasons

1. Basic facts

A. The parties concerned are companies engaged in the import and supply of petroleum products such as light oil, oil, etc., the research and sale of fertilizers and chemical products, etc., and Defendant B Co., Ltd. (hereinafter “Defendant B”) are the Plaintiff and the following.

After concluding a petroleum product supply contract as described in paragraph (1) (hereinafter “instant supply contract”), the company is a company that has been engaged in the business of receiving petroleum products from the Plaintiff and selling them to gas stations.

The C Branch of Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) (hereinafter “Defendant New Bank”) conspireds with E and F (hereinafter “E, etc.”) a real operator of Defendant B, and issued each payment guarantee letter stating that the Defendant New Bank guarantees the payment of the purchase price of petroleum products to Defendant B under the instant supply contract to the head of the Oil Business Headquarters, G, the Vice-head of the Oil Business Headquarters, the head of the headquarters, the Vice-head of the Oil Business Headquarters, and I.

B. 1) E, etc. planned to engage in the business of supplying petroleum products at low prices in wholesale and selling them to gas stations. However, they failed to secure funds to the extent that they can be supplied in large quantity as wholesale price. Although they attempted to purchase petroleum products on credit and provide real estate to secure the payment of goods price liability, in the case of real estate security, suppliers of petroleum products in contact with E, etc. demand to provide a payment guarantee certificate issued by the first financial right as security on the ground that it is not easy to determine the value in the case of real estate security, there is a possibility of price fluctuations and it is not easy to refund. 2) However, the payment guarantee certificate issuance is a kind of credit handling, and the first financial right, such as Defendant New Bank, etc., receives an application for the payment guarantee from the customer (applicant) who wants to issue the payment guarantee certificate, and the examination of the head office, etc.