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(영문) 대전지방법원 2018.12.06 2017가단227452
손해배상(기)
Text

1. Defendant A Co., Ltd and Defendant B jointly share KRW 157,301,850 with respect to the Plaintiff and the Plaintiff from July 13, 2015 to July 2018.

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff issued a credit guarantee agreement (hereinafter “Guarantee Number D”) with respect to the obligation to repay KRW 1.22 billion in corporate purchase funds that the Defendant Company A (hereinafter “Defendant A”) and the Defendant A planned to borrow from the Industrial Bank of Korea, with respect to the obligation to repay KRW 1.22 billion in corporate purchase funds that the Plaintiff would obtain from the Industrial Bank of Korea (hereinafter “Defendant A”), setting the term “credit guarantee agreement and the term “credit guarantee agreement” as of August 4, 2014, with the content that the Plaintiff provides credit guarantee (hereinafter “the credit guarantee agreement in this case”). The Plaintiff issued a credit guarantee agreement with the content that provides credit guarantee services until August 4, 2014, which is the guarantee creditor.

3) Defendant A submitted the said credit guarantee statement as security and entered into an agreement for loans for corporate purchase with the Industrial Bank of Korea (the Bank of Korea). 4) The instant credit guarantee agreement was extended by one year, and the term of guarantee was extended by August 4, 2015, and the guarantee rate was changed by 80%.

B. A business financing structure for corporate purchase is a loan that a financial institution handles goods and services to a business entity that purchases goods and services due to its ordinary business activities consistent with its business objectives in connection with a transaction between the business entity that received a business registration certificate. If a financial institution and a purchasing business entity submit a tax invoice, etc. to prove the transaction with a buying business entity within the extent agreed upon between the financial institution and the purchasing business entity, it is in the form that the selling business entity receives an amount equivalent to the transaction amount as a loan to the purchasing business entity. 2) A financial institution loans funds to a purchasing business entity that is a debtor in a business financing transaction for corporate purchase funds.

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