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(영문) 인천지방법원 2018.01.17 2017가단222602
손해배상(기)
Text

1. The Defendants jointly share KRW 194,320,000 with respect to the Plaintiff and the period from March 22, 2012 to June 28, 2017.

Reasons

1. Facts of recognition;

A. The status of the parties and C Company’s loan 1) C Co., Ltd. (hereinafter “C”)

(2) As seen earlier, a loan for corporate purchase funds under a credit guarantee agreement with the Plaintiff is a loan dealt with by a financial institution to a business entity that purchases goods and services through normal business activities consistent with its business objectives in connection with the transaction between the business entity that received the business registration certificate. If a purchasing enterprise submits data (tax invoices, etc.) to the extent agreed in advance between the financial institution and the purchasing enterprise, the amount equivalent to the relevant transaction amount is loaned. If a purchasing enterprise applies for a loan to a financial institution, the loan has the structural characteristics that the selling enterprise receives. If a purchasing enterprise sells the goods to C as a representative of the personal company of the trade name of “D,” the Defendant B, the representative director of the company, and the Defendant A is a person who was settled for the sales proceeds from the above corporate purchase funds from the company bank.2) The method of financing for corporate purchase funds by C is the disadvantaged party through the Internet (B2B) and the following procedure.

(1) A purchasing enterprise (C) shall enter into a loan agreement with a lending bank under a credit guarantee. (2) A selling enterprise (D) visits a lending bank in order to receive the settlement of sales proceeds from the loan for purchasing funds of a purchasing enterprise and submits necessary documents, such as a business registration certificate, corporate register, etc.

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