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(영문) 서울남부지방법원 2017.04.27 2016가합103409
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, Defendant A is the representative director of Company D (hereinafter referred to as “D”), and Defendant A is a person who carries on a business with the trade name of “F”, “H”, and “I”.

Defendant C is an employee of the JJ as a personal business chain of Defendant A.

On November 24, 2006, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and D with regard to the obligation to repay corporate purchase funds that D and D expected to obtain a loan from the Korean bank under the corporate purchase loan agreement (80% of the guaranteed amount (80% of the guaranteed amount) and the credit guarantee agreement between November 24, 2010 with the term of guarantee (hereinafter “instant guarantee agreement”), and issued a letter of credit guarantee (the original number K; hereinafter “the credit guarantee agreement of this case”).

D and our banks entered into a credit guarantee agreement with our banks around November 27, 2006, which provides Korea banks with the credit limit of KRW 1,168,500,000, and which was made on November 23, 2007 due date of the credit extension period (hereinafter “instant corporate purchase financing agreement”).

The credit term was extended until November 24, 2010.

If a purchaser submits data (e.g., electronic commerce contract, tax contract, etc.) that can prove the fact of transactions with a seller to the extent agreed in advance between the financial institution and the purchaser, the loans for corporate purchase of this case will lend the amount equivalent to the relevant transaction amount.

The two ways are to lend funds to the purchasing company in the above corporate purchase financing transaction. One is to issue bills of exchange by the purchasing company and to suggest the selling company to pay the said bills of exchange to the financial institution (so-called bill of exchange). The second is to request the collection of the proceeds from sale prepared and transmitted by the selling company in an electronic form by computer, etc.

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