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(영문) 서울서부지방법원 2016.12.21 2016가단205826
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On July 26, 2004, the plaintiff entered into a credit guarantee agreement between B (State) and B (State) with respect to the Industrial Bank of Korea for 80% of the corporate purchase loan obligation.

After that, the Industrial Bank of Korea deposited the amount of KRW 7,711,152 on May 6, 2010 with respect to the purchase funds of KRW 7,711,152 (hereinafter “the loans for self-purchase of enterprises”) to Section B (B), July 2, 2010 (hereinafter “the loans for self-purchase of enterprises”) and KRW 50,000,000 on July 2, 2010 (hereinafter “the loans for self-purchase of enterprises”) and KRW 20,200,846 on July 13, 2010 (hereinafter “the loans for self-purchase of enterprises”) in the Bank of Korea on the same day.

A written request for the collection of sales proceeds and tax invoices attached thereto for each of the instant companies shall be as specified in the attached Form.

The loans for financing business purchases are basically conducted by a selling company by submitting a written request for the collection of sales proceeds, accompanied by bills of exchange, tax invoices, and other documents required by the bank for financing purchases to the bank for financing purchases. If a purchasing company requests the bank for financing purchases to "payment on behalf of the bank for financing purchases (or the scheduled date for conclusion)", the bank for financing purchases shall prepare a written request for the collection of sales proceeds on behalf of the selling company that entered into the "Agreement on Settlement of Purchase Funds (for sales)" with the bank for financing purchases and implement the loans for financing.

The loans for corporate purchase funds of this case are prepared by the Industrial Bank of Korea on behalf of B (or (or (or (or (or (or (or (or) the scheduled date of conclusion)) on the request of the Industrial Bank of Korea for the settlement of purchase funds by all purchasing enterprises, for C, under which the Industrial Bank of Korea entered into an agreement on the settlement of purchase funds with the Industrial Bank of Korea, and then C uses the corporate purchase funds.

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