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(영문) 서울중앙지방법원 2017.10.26 2017가합523677
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. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability. (2) Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant D is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”).

B. On April 15, 2011, the Plaintiff entered into a credit guarantee agreement and a loan transaction agreement for corporate purchase funds (hereinafter “Korea Bank”) with Defendant A and Defendant A, Inc. (hereinafter “Korea Bank”).

() A credit guarantee agreement set forth by the term of April 13, 2012 (hereinafter “the instant credit guarantee agreement”) with respect to the repayment obligation of KRW 800,000,000 (90% of the guaranteed principal) with respect to corporate purchase funds to be loaned by the so-called B2B from Black-dong Branch (the submission of a written request for the collection of the proceeds from sale prepared and transmitted by a seller in an electronic form by computers, etc.) and the period of the guarantee (hereinafter “the instant credit guarantee agreement”).

After the conclusion of the credit guarantee agreement in this case, the term of the credit guarantee agreement in this case was changed on April 12, 2013. At the time of the credit guarantee agreement in this case, Defendant B provided a joint and several guarantee for all obligations, such as indemnity and other obligations owed by Defendant A to the Plaintiff under the credit guarantee agreement in this case. (ii) Defendant A entered into an agreement on the loan transaction of corporate purchase funds with Korea bank and Korea bank with the credit limit amount of KRW 80 million.

C. On November 1, 2012, Defendant A (i) submitted to the Bank an electronic commerce contract, etc. (hereinafter “instant electronic commerce agreement, etc.”) that he/she was supplied with steel products equivalent to KRW 799,819,185 from Defendant C, and (ii) “the amount below the corporate purchase financing loan of KRW 799,819,185 from Korea bank.”

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