beta
(영문) 서울북부지방법원 2018.01.18 2017가합20344

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. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of contributing to the balanced development of the national economy by guaranteeing the obligation of an enterprise which lacks security capability and facilitating the financing of the enterprise, and by establishing a sound credit order through efficient management and operation of credit information. (2) Defendant C is the representative director of the Defendant Company B (hereinafter “Defendant Company”) from March 31, 2012, and Defendant A is a person registered as the representative of the intervention company “D”.

D closed on April 30, 2013 (D) b.

(1) On or around March 29, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant Company, and the Defendant Company is the National Bank of Korea (hereinafter “National Bank”).

A) In receiving a loan from a company purchase fund, the Plaintiff entered into an agreement with the terms of credit guarantee to provide the guaranteed amount of KRW 252,00,000, and the term of guarantee until March 28, 2012 (hereinafter “instant credit guarantee agreement”) with the amount of loan plus the rate of KRW 280,00,000, and the rate of guarantee at 90% (hereinafter “instant amount”).

(2) The instant credit guarantee agreement was extended on March 28, 2012 and around March 28, 2013 to March 28, 2014.

C. Under the instant credit guarantee agreement, the Defendant Company and the National Bank enter into an agreement with the Defendant Company to lend the settlement funds that the National Bank should pay to the Defendant Company for the supply of goods from the Defendant Company (the purchasing Company) to the Defendant Company by the so-called B2B method (the submission of a written request for collection of sales proceeds that the seller prepared and transmitted in electronic form by computer, etc.). However, the loan is directly deposited into the account of the selling company, and the Defendant Company entered into an agreement with the company to repay the loans equivalent to the sales proceeds to the Korean Bank at the due date set by the Defendant Company.