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(영문) 서울중앙지방법원 2019.05.03 2018나64476

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The status of the parties is a juristic person established under the Credit Guarantee Act for the purpose of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing, and by establishing a sound credit order through efficient management and operation of credit information.

According to the credit guarantee agreement with the Plaintiff, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) is a company that entered into a business financing agreement with the Industrial Bank of Korea and received a loan from the Industrial Bank of Korea, and Defendant A was registered as the representative director of the Nonparty Company from the date of entering into the said business financing agreement to December 1, 2015.

Defendant B (hereinafter “Defendant Company”) is a company that received a corporate purchase fund loan from the Industrial Bank of Korea on the basis of the transaction relationship with Nonparty Company, and Defendant C is the representative director of the Defendant Company.

B. In order to induce a purchasing enterprise to reduce the use of bills in connection with the settlement of goods for commercial transactions between enterprises and expand cash in accordance with the government’s policy to improve the corporate financing system, where a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution that received the Plaintiff’s guarantee shall pay the sales proceeds to the delivery enterprise on the basis of tax invoices and other transaction documents, and the purchasing enterprise shall redeem them to the financial institution after

Article 6 (3) of the Regulations on the Handling of Enterprise Purchase Loan Related to the Bank of Korea's Total Limit Loans (hereinafter referred to as the "Rules on Handling"), which provides for the Bank of Korea's agreement with the Industrial Bank of Korea for corporate purchase loan and the Bank of Korea's agreement for corporate purchase loan, and the Bank of Korea's agreement for corporate purchase loan shall be concluded and received.