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(영문) 서울중앙지방법원 2018.02.01 2016가단5205321

손해배상(기)

Text

1. Defendant A and B Co., Ltd.: (a) KRW 29,963,378 for each Plaintiff; and (b) from June 26, 2014 to September 7, 2016 for each Plaintiff.

Reasons

1. Facts of recognition;

A. A. A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise. 2) On April 13, 2004, the Plaintiff entered into an agreement with the Defendant A Co., Ltd. (hereinafter “Defendant A”) to provide a credit guarantee (hereinafter “the instant credit guarantee agreement”) with the Plaintiff at KRW 4.25 million (85%) with respect to the repayment obligation of corporate purchase loans scheduled to be loaned from the Defendant A Co., Ltd. (hereinafter “Defendant A”), and then issued a letter of credit guarantee (credit guarantee number: E) in the future of the Korean bank, which is the guarantee creditor.

3) Defendant A submitted the said credit guarantee certificate to the Bank as a collateral and entered into an agreement for a loan for corporate purchase with the Bank, and Defendant B is the representative of the Defendant A’s internal director. (b) The business structure of the loan for corporate purchase is a loan that the financial institution deals with the goods and services for the company that purchases the goods and services on ordinary business activities consistent with its business objectives in connection with the transaction between the company that received the business registration certificate and the financial institution and the purchasing company submit a tax invoice, etc. to the extent agreed upon between the financial institution and the purchasing company to prove the transaction with the selling company, the amount equivalent to the transaction amount is paid by the selling company as a loan to the purchasing company.

2. The lending of funds by a financial institution to a purchasing enterprise which is a debtor for a loan to a financial institution is ① The debtor issues a tax invoice from a selling enterprise which is a customer and makes a bill of exchange with a bill of exchange representing a sum of the amount of money paid for the goods to the selling enterprise.