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(영문) 서울중앙지방법원 2016.01.08 2014가합567218
채무부존재확인
Text

1. The plaintiffs' obligations for loans based on each of the discount agreements (B2B) against the defendant are set forth in the attached Table Do.

Reasons

In fact, the Plaintiffs are suppliers of T Co., Ltd. (hereinafter referred to as “T”) engaged in manufacturing and selling oral, handbags, bags, etc. using the trademark of “S,” and the Defendant is a bank that comprehensively succeeds to the rights and obligations of one bank prior to the merger due to the merger between Han Bank Co., Ltd. and Han Exchange Bank on September 1, 2015 (hereinafter referred to as “the Defendant, regardless of whether prior to the merger”).

T Around 2011, in the event that a person who provided goods or services (so-called a selling enterprise) files an application for a loan with the Defendant as collateral with respect to the electronic claim against T, T entered into an agreement between the Defendant and the Defendant on the business of the loan against credit sales claims (hereinafter referred to as the “instant agreement”) with the content that the Defendant would provide the creditor with a loan under certain conditions.

(Then, the limit of loan amount was adjusted to 10 billion won. The main contents of the instant Work Convention are as follows.

Article 2 (Definition of Collaborative Company) In this case, a partner company in the instant business agreement refers to an enterprise which entered into a contract with a bank to transfer credit sales claims (hereinafter referred to as "foreign sales claims") to a purchasing enterprise in order to obtain a loan related to the instant business agreement from the bank from among the trading enterprises that deliver the goods (including services; hereinafter the same shall apply) to a purchasing enterprise, and an enterprise which entered into a contract with a bank to transfer the credit sales claims which are currently or will be future to a purchasing enterprise in order to obtain a loan related to the instant business agreement.

Article 3 (Method of Business Operation) (1) The transaction under the instant business agreement shall apply to the case where the subcontractor acquires the credit sales claims to the purchasing enterprise as it conducts the normal business activities between the purchasing enterprise and the subcontractor, as it trades the goods and services.

(2) The subcontractor shall transfer the credit sales claims to the purchasing enterprise to the bank, and the credit sales claims.

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