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(영문) 창원지방법원 2016.05.12 2015가단76281
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 16, 2009, the Plaintiff entered into a contract with A (hereinafter “A”) to manufacture and supply the 4,000 OTRG press press equipment (hereinafter “instant machinery”) for KRW 3.7 billion for manufacturing costs.

B. Since May 2010, A would receive a facility loan of KRW 3 billion from the Defendant and pay the payment for the completed portion to the Plaintiff. The Plaintiff manufactured the instant machinery and supplied it to A around 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to Article 161(5) of the Rules on Credit Business by the Defendant’s summary of the Plaintiff’s assertion, in the case of facility loan, if it is not confirmed that a credit customer paid facility price to a supplier after the date of credit consultation, etc., in principle, the loan shall be paid directly to the bank account in the name of the supplier.

The defendant committed a tort that directly pays loans to A in violation of the above rules of credit business operation, and thereby, the plaintiff suffered losses not paid KRW 621.32 million out of the costs of manufacturing the machinery of this case.

As part of the damages, the Plaintiff seeks payment of KRW 110 million.

B. (1) The following facts can be acknowledged according to the overall purport of Gap evidence Nos. 2 through 4, Eul evidence Nos. 1 through 4, and the whole purport of pleadings.

① On June 25, 2010, the Defendant concluded a credit transaction agreement with A to lend KRW 3 billion as a small and medium enterprise facility loan, and was delegated by A to the Plaintiff directly pay the remainder of KRW 2.379 billion, excluding the remainder of KRW 621 million.

② Under the foregoing credit transaction agreement, the Defendant paid KRW 621 million to A on June 21, 2010, and the sum of KRW 621 million to A on July 12, 2010, KRW 980 million on August 31, 2010, KRW 980,000,000 on August 28, 201, KRW 90,000 on October 28, 201, and KRW 50,000 on February 10, 201.

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