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(영문) 서울서부지방법원 2018.01.25 2016가단242078
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 128,00,000 and 5% per annum from October 5, 2012 to August 26, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing and contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capability. The Defendant Company A (hereinafter “Defendant Company”) is a company in a transactional relationship that supplies wood products, such as a door mold, to Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and Defendant B is the representative of the Defendant Company.

B. A business financing loan for corporate purchase funds is a structure in which a financial institution submits a tax invoice, etc. to prove the facts of transactions with a purchasing company within the extent agreed between the purchasing company and the purchasing company, and the amount equivalent to the transaction amount is directly paid to the selling company as a loan to the purchasing company. Of these, the so-called B2B method is implemented in the form of a loan by a financial institution to directly pay a loan equivalent to the sale amount to the purchasing company if the purchasing company and the selling company enter into an electronic transaction contract with each MP company and transmit the written request for collection of sale proceeds to the financial institution through electronic form, such as computer, through the MP company

C. On May 7, 2010, the Plaintiff is a non-party C Co., Ltd. (hereinafter “non-party C”) company on May 7, 2010

2) The Bank of Korea (hereinafter referred to as the “Corporate Bank”) shall be

) A credit guarantee agreement was made with a loan amounting to KRW 1.4 billion, guaranteed rate of KRW 85%, guaranteed amount of KRW 1190 million, with respect to a loan for corporate purchase funds to be received from the company (after which the terms and conditions were modified to provide a credit guarantee for 80% of the loans for corporate purchase funds.

(2) The non-party company and the defendant company issued the above credit guarantee certificates to the Industrial Bank of Korea. (2) The non-party company, a purchasing company, inputs the tax invoice and sales contract information issued by the defendant company of the sales company, and the sales company is the defendant.

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