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(영문) 서울동부지방법원 2017.06.15 2016가단130104
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. Facts of recognition;

A. Defendant B was the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Company”) from March 2012 to September 2014.

B. On September 29, 2008, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) for the payment security of the principal and interest of the loan when C receives a corporate purchase loan from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”).

C. A corporate purchase financing loan is established in accordance with the Regulations on the Handling of Corporate Purchase Funds by Financial Institutions established in accordance with the relevant statutes, such as the Restriction of Special Taxation Act and the Enforcement Decree of the Corporate Tax Act. The basic structure of the lending method is to enable a purchasing company to obtain a loan from a financial institution and pay it in cash to a selling company in order to induce cash settlement among the companies.

Therefore, a corporate purchase financing loan consists of a financial institution (foreign exchange bank in this case) and a purchasing enterprise (in this case), within the limit agreed in advance between the financial institution (foreign exchange bank) and the purchasing enterprise (the Defendant company in this case), and the selling enterprise also submits materials that can prove the existence of the relevant facts of transaction with the selling enterprise (i.e., in order for the selling enterprise to receive the price of its goods with the purchase financing loan, within 30 days from the date of issuance of a tax invoice, etc. on the relevant goods transaction, (i) the receipt of the bill of exchange issued by the purchasing enterprise to suggest the payment to the financial institution, or (ii) a written request for the collection of sale proceeds, and (iii) the financial institution directly pays the loan

C 78,50,400 won (the amount actually received by the Defendant Company is KRW 78,480,400) paid by the Defendant Company to the Defendant Company on August 31, 2012, through the procedures for financing corporate purchases from the foreign exchange bank.

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