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(영문) 서울중앙지방법원 2017.04.13 2016가합530494
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. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant D is a person registered as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”).

B. On December 31, 2008, the Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds. (1) On December 31, 2008, the Plaintiff is a new bank Co., Ltd. (hereinafter “new bank”).

(B) A credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) to provide a loan from a seller to a B2B (the submission of a written request for collection of the proceeds from sale prepared and transmitted by a seller in an electronic form by computer, etc.) with the guaranteed principal of KRW 950 million (95.0% of the guaranteed principal) and until December 29, 2009 (hereinafter referred to as the “credit guarantee agreement of this case”).

After entering into a contract, the new bank, the guarantee creditor, has issued a credit guarantee statement (Guarantee No.E) with the above contents. (2) The defendant A submitted the said credit guarantee statement as security and entered into a loan agreement with the new bank for corporate purchase funds.

C. Defendant A’s execution of the loan of corporate purchase fund three times from December 31, 2008 to January 2, 2009, and Defendant A’s execution of the loan of corporate purchase fund (“Defendant C”) is Defendant C et al.

It is called 'the loan of this case' in 200 won in 99,99,000 won in total from a new bank submitting an electronic commerce contract, etc. to which software and peripheral devices were supplied from the new bank.

(d) was received.

As a credit guarantee accident occurs due to Defendant A’s failure to pay the principal and interest of this case, such as occurrence of a credit guarantee accident and subrogation, the Plaintiff is a credit guarantee agent under the credit guarantee agreement of this case, and the principal and interest of the loan to the new bank on September 25, 2009.

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