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(영문) 서울동부지방법원 2018.01.17 2017가단101998
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

1. Basic facts

A. Each credit guarantee agreement of the instant case and each agreement for corporate purchase fund lending (1) The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capacity and facilitating the financing of the enterprise.

(2) The Plaintiff entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with C as of June 14, 2009 with respect to the principal and interest of C, including corporate purchase funds that C would obtain a loan from the Industrial Bank of Korea, as of June 20, 2009, with the payment period of KRW 50,000,000 as of June 20, 2014, with the payment period of KRW 423,00,000 as of June 14, 2013, with the payment period of KRW 423,00,000 as well as the payment period of each credit guarantee as of June 13, 2014, and issued each of the above credit guarantee agreements with each of the above contents.

(3) C submitted the above credit guarantee statement as security and entered into a loan agreement with the Industrial Bank of Korea, such as corporate purchase funds.

B. The transaction structure of a corporate purchase financing loan (1) is a loan that a financial institution handles goods and services to a business entity that purchases goods and services due to normal business activities consistent with its business objectives in connection with a transaction between the business entity that received a business registration certificate, and the form in which a financial institution and the purchasing business entity receives an amount equivalent to the transaction amount as a loan to the purchasing business entity if the purchasing business entity submits a tax invoice, etc. that can prove the transaction with the selling entity within the agreed limit.

(2) The loans for financing business purchases to C may be obtained by submitting a written request for the collection of sales proceeds prepared and transmitted by a seller in electronic form by computers, etc., and the submission of the written request for the collection of sales proceeds as above must be made within 30 days from the date the seller issues a tax invoice, etc.

C. The instant contract contract and the corporate purchase financing loan.

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