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(영문) 서울중앙지방법원 2017.09.28 2016가합536737
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. 1) The Plaintiff is a juristic person established under the Credit Guarantee Fund Act with the aim of guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing, and contributing to the balanced development of the national economy by establishing sound credit order through efficient management and operation of credit information. 2) Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant A”), Defendant C is an individual entrepreneur who operates Nonparty F, and Defendant E is the representative of Defendant D Co., Ltd. (hereinafter “Defendant D”).

(b) The corporate purchase financing loan system outlines the corporate purchase financing system in order to induce a supplier company to reduce the use of bills in connection with the settlement of goods for commercial transactions between companies and expand cash settlement in accordance with the government's policy for improvement of the bill system, where the purchasing company purchases goods, etc. from the delivery company, the financial institution that received the guarantee from the Credit Guarantee Fund shall pay sales proceeds to the delivery company on the basis of tax invoices and other transaction documents, and the purchasing company is a loan system that redeems them to the financial institution after a certain period of time, and such loan is allowed only to the goods transaction by the delivery company (the so-called "B2B method").

C. Defendant A and Defendant C’s subrogation for financing for corporate purchase and Plaintiff’s subrogation 1) Defendant A prepared an electronic commerce contract with Defendant C as indicated in the following table 1, and Nonparty Han Bank Co., Ltd. (hereinafter “I Bank”).

(2) A new bank (hereinafter referred to as “new bank”)

(2) Each of the loan institutions was extended with a loan for corporate purchase. The loan institution’s temporary amount of the loan institution’s 2012-05-25 7,700,000 22012-05,000 5,000 32012-06-15 12,361,774 4200 32012-06-19,602, 1905 2012-06-2013,610,610,0066 2012-206-2013,610,000, 2012-07-129,186,0367.

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