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(영문) 서울서부지방법원 2017.12.28 2016나38072
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff, a juristic person established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability, etc., and, on April 7, 2008, Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (the representative director is Co-Defendant B of the first instance trial; hereinafter “A”) borrowed KRW 230,000 from the Industrial Bank of Korea from the Industrial Bank of Korea, concluded a credit guarantee agreement with A to provide a guarantee amount of KRW 195,50,000, and the guarantee period of April 6, 2009, and 85% of the guarantee rate, and issued a credit guarantee agreement with such contents.

B. A, based on the Plaintiff’s credit guarantee, entered into an agreement with the Industrial Bank of Korea for corporate purchase loans worth KRW 230,000,000,000.

A loan for corporate purchase is a loan for a business entity that purchases goods and services through ordinary business activities consistent with its business objectives in connection with a transaction between the business entity whose business registration is issued by a financial institution.

Specifically, if "A" confirms the estimated amount received from a seller after sending a written estimate request to the seller, the electronic commerce is established, and the Bank is transmitted to the Bank by issuing a tax invoice for collection of the Bank, and the Bank pays the settlement amount on the written request for collection of the sales proceeds transmitted by the seller directly to the seller A in its name.

C. On September 1, 2008, A prepared an electronic commerce contract with Defendant C Co., Ltd. (former trade name is Co., Ltd., and representative director is Defendant D Co., Ltd.; hereinafter “Defendant Co., Ltd.”) to purchase KRW 43,00,00 from Defendant Co., Ltd. in the above manner, and applied for a company purchase financing loan to the Industrial Bank of Korea. The Industrial Bank of Korea is above the Defendant Co., Ltd upon request for the collection of sales proceeds on the same day.

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