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(영문) 청주지방법원 2017.06.09 2016가단104869
손해배상(기)
Text

1. Defendant A Co., Ltd and B jointly share KRW 125,347,332 to the Plaintiff, and the Plaintiff’s share from May 11, 2007 to July 9, 2016.

Reasons

1. Facts of recognition;

A. “Corporate purchase financing loan 1” means a system in which a purchasing enterprise does not pay the price of goods as a pre-existing bill and receives funds from a creditor bank and pays them in cash to the delivery enterprise. 2) The “Rules on the Handling of Enterprise Purchase Financing Loans by Financial Institutions” publicly notified by the Governor of the Bank of Korea prescribed as follows:

Article 2 (Scope of Loans for Corporate Purchase Funds) Loans for corporate purchase means loans for enterprises that purchase goods and services (hereinafter referred to as "purchase enterprises") by conducting ordinary business activities consistent with their business objectives in connection with transactions between enterprises for which a business registration certificate has been issued, as prescribed by these regulations.

Article 3 (Amount of Loans) The amount of loans for corporate purchase funds shall not exceed the amount falling under any of the following subparagraphs:

1. The amount on the bill of exchange (hereinafter referred to as the "bill of exchange") issued by an enterprise that has sold goods and services to a purchasing enterprise (hereinafter referred to as a "seller") in order to recover the sale proceeds;

2. A financial institution shall lend funds for business purchase to a seller within seven days from the date a bill of exchange or a written request for the collection of proceeds from sale is delivered, which is requested to collect the proceeds from sale prepared and transmitted electronically by computer, etc. (hereinafter referred to as "written request for the collection of proceeds from sale");

Article 6 (Conditions of Bills of Exchange, etc.) (1) A bill of exchange shall be issued by a seller in the form of sight by designating the purchasing company as the drawee and the sales proceeds as the payable amount and not transferred to another person.

(2) A written request for the collection of proceeds from sale shall include a bank for payment of proceeds from sale, payment company, sales details, sales company, etc.

(3) A bill of exchange or a written request for collection of sale proceeds shall be a tax invoice, etc. by a seller.

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