logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.24 2014가합44852
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s primary and conjunctive claims are all dismissed.

2. The plaintiff (Counterclaim defendant) A.

Reasons

1. Basic facts

A. The plaintiffs as the parties are those engaged in the clothing manufacturing business, etc., and have sold goods to E Co., Ltd. (hereinafter the company name is omitted).

E’s electronic settlement use agreement between E and the Defendant on March 18, 2009, and as of March 18, 2010, the expiration date of the term of validity of the electronic settlement agreement between E and the Defendant. In the event that an individual selling company that sells goods in E files an application for a loan to the Defendant on the security of the sales claim against E, the term “the electronic settlement use agreement of the sales claim” (so-called B2B loan, hereinafter referred to as the “instant basic agreement”) with the content that the Defendant would provide the Defendant with a loan to the Defendant upon the security of the sales claim against E, subject to certain requirements.

After that, E and the Defendant increased the limit of the instant basic agreement to KRW 8 billion, and extended the expiration date to June 11, 2014. 2) The key contents of the instant basic agreement are as follows.

A: Defendant A and B approve that the Electronic Financial Services Terms and Conditions and the Basic Terms and Conditions for Bank Credit Transactions apply to B’s Electronic Financial Services in connection with B’s Electronic Credit Guarantee System for the smooth payment of the price of supplied goods to the individual buyer, etc. who sold the goods to Defendant A and B, and they agree to each of the following provisions:

Article 1. 1 Definitions 1 The term "sales enterprise" means an enterprise which has entered into a contract with B to transfer credit sales claims (hereinafter referred to as "sales claims") currently owned or to be held in the future to B in order to obtain a loan related to this Agreement from B among the trading enterprises that supply goods or services to B.

(2) The sales claim under paragraph (1) shall be limited to the sales claim arising from the transaction of goods and services through ordinary business activities consistent with the business purpose in connection with the transaction between the selling enterprise and Party A whose business registration is issued

Article 2 (Effective Term of Agreement)

arrow