손해배상(기)
1. The Defendant’s KRW 75,200,000 as well as annual 5% from January 13, 2011 to October 5, 2016 to the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 10 (including paper numbers) and all the arguments.
A financial institution’s corporate purchase financing loan is a loan that a financial institution lends to a purchasing enterprise an amount equivalent to the relevant transaction amount, but transfers the loan to a selling enterprise within the limit agreed in advance. For this purpose, a purchasing enterprise and a selling enterprise set up an order on the Internet website of a MP company entrusted with the business of electronic commerce contract by a financial institution, and a selling enterprise shall undergo the procedure of preparing a sales contract by the method of approving a written order prepared by a purchasing enterprise.
B. Around March 5, 2010, B entered into a credit guarantee agreement with the Plaintiff and the guaranteed principal, from March 5, 2010 to March 4, 2011, under which the creditor Industrial Bank of Korea and the electronic commerce type loan (hereinafter “the instant credit guarantee agreement”), and around March 9, 2010, the Industrial Bank of Korea and the corporate purchase fund loan agreement (hereinafter “the instant loan agreement”). Around March 9, 2010, the Bank of Korea and the credit limit were set at KRW 400,00,000 (hereinafter “the instant loan agreement”).
C. The facts are as follows: (a) A Co., Ltd. entered into a contract to purchase goods as indicated below even if the Defendant did not purchase goods as listed in the following table; and (b) applied for a loan to the Industrial Bank of Korea based on the instant loan contract; and (c) borrowed KRW 94,00,000 in total by receiving a loan equivalent to the purchase price on the date of the conclusion of each transaction contract.
(hereinafter referred to as “the instant loans for corporate purchase.” The instant loans for corporate purchase fund was admitted to B and the Defendant as members of C Co., Ltd., which are MP companies, and thereafter, B and the said MP companies.