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(영문) 서울동부지방법원 2017.09.13 2017가단101202
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. 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 capability and facilitating the financing of the enterprise.

(2) On June 27, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Korea Co., Ltd. (hereinafter “Japan”) with respect to the obligation to pay principal and interest on corporate purchase funds that it is scheduled to obtain from a new bank (hereinafter “new bank”), with Korea Co., Ltd., the Plaintiff issued a credit guarantee agreement (TAF-2013-0679) with the content that the Plaintiff provides credit guarantee (hereinafter “the instant credit guarantee agreement”) by setting the guarantee amount of KRW 150,00,000 (80%) and the period of guarantee as of June 25, 2014.

(3) All Korea submitted the credit guarantee agreement as security and entered into an agreement with the new bank for financing for corporate purchase.

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 business purchase fund loan to Korea is to be collected by a selling enterprise by issuing a bill of exchange with the purchasing enterprise as the payer within 30 days after the goods are supplied to the purchasing enterprise, and the selling enterprise shall issue the bill of exchange with the payment amount to the financial institution.

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