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(영문) 서울고등법원 2017.12.14 2017나2041833
대여금
Text

1. Of the judgment of the first instance, the part against Defendant D, E, and F shall be revoked.

2. Claim against Defendant D, E, and F among the instant lawsuits.

Reasons

1. The basic facts (1) Defendant B Co., Ltd. (hereinafter “Defendant B Co., Ltd.”) purchased goods and notified the Defendant Co., Ltd.’s sales bonds to the Defendant Co., Ltd. by electronic means to the KAB and the KAB bank, the KAB bank will deposit the sales bonds with the settlement account designated by the Defendant Co., Ltd. on the date of payment. However, if a selling company files an application for the credit sales bonds electronic loan with the KAB bank by electronic means prior to the designated settlement date, the KAB bank will pay the sales bonds to the KAB bank. In such a case, the KAB bank transferred the sales bonds to the KAB bank to the KAB bank, and the KAB bank entered into an agreement on credit sales bonds with the purport that it may demand the KAB bank to return the funds, while it claims

(2) The Plaintiff, at the request of the Defendant Company, applied for a loan under the agreement set forth in paragraph (1) in the name of the Plaintiff to the National Bank in the name of the Plaintiff, as if the sales bond was not sold to the Defendant Company, and received the loan, and remitted the total of KRW 1,341,43,434,384 to the Defendant C’s account, the representative director of the Defendant Company, and KRW 483,830,00 on July 13, 201, and KRW 857,604,384 on October 25, 201.

(3) The defendant company did not pay the price for the goods related to the loan of this case (the amount equivalent to the loan of this case) to the National Bank of Korea. The national bank of this case currently requires the return of the loan of this case to the plaintiff, the nominal owner of the loan of this case.

(4) Defendant C, on May 17, 201, indicated respectively in the separate sheet to Defendant D.

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