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(영문) 인천지방법원 부천지원 2018.09.19 2017가단110542
손해배상(기)
Text

1. The Defendant’s KRW 81,409,534 for the Plaintiff and 5% per annum from July 24, 2009 to August 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established pursuant to the Credit Fund Act for the purpose of facilitating the financing of enterprises and contributing to the development of the national economy by guaranteeing the obligations of enterprises which lack security solvency.

The defendant is a person who has a transactional relationship with D who operates the "C" while operating the "B" as a household funeral service company.

(b)a loan for corporate purchase financing is a loan with a content that a financial institution lends funds to a purchasing enterprise if the enterprise purchases goods and services of another enterprise as an ordinary business activity consistent with its business objectives.

If a purchaser submits a tax invoice, etc. to prove the conclusion of a sales contract with a seller at a financial institution that received the plaintiff's guarantee, the financial institution shall directly pay an amount equivalent to the purchase price to the seller as a loan to the purchaser.

C. (1) On January 27, 2003, the Plaintiff entered into a contract under which the payment of the above loan is guaranteed (hereinafter “the credit guarantee agreement of this case”) with respect to the loan for corporate purchase funds to be received from the Korea Exchange (Korea Exchange Bank) Co., Ltd., Ltd. as a result of the loan amounting to KRW 250,00,000,000, guaranteed rate of KRW 85%, guaranteed amount of KRW 212,50,000, and the guaranteed amount of KRW 212,50,000.

(2) On March 12, 2009, the Defendant entered into an agreement to use corporate purchase fund settlement as a selling enterprise by visiting the subsidiary central branch of the Korea CTR Bank, and opened a new deposit account.

At the time of the conclusion of the agreement, the Defendant directly prepared a written agreement on the use of corporate purchase funds, B’s seal impression, signature, and name plate, signed and sealed it, and submitted a certificate of personal seal impression issued by himself on March 11, 2009 as a document attached thereto.

(3) On the same day, on February 28, 2009, the Defendant supplied 100,000 won to D’s C.

“.......”

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