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(영문) 서울중앙지방법원 2018.09.04 2017가단44474
대여금
Text

1. The defendant shall pay to the plaintiff KRW 80,44,932 and KRW 40,897,820 among them, from April 27, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 14, 2011, the Plaintiff entered into an agreement on the use of credit sales claims and electronic settlement for the use of the credit sales claims and electronic settlement system with the Defendant respectively, and entered into an agreement on the use of credit sales claims and electronic settlement with the Defendant. The content of each agreement is that if a purchasing enterprise purchases goods from the Defendant and notifies the Plaintiff of the sales claims by electronic means, the Plaintiff shall deposit the amount equivalent to the sales claims with the settlement account designated as of the due date. However, where the Defendant files an application for the credit sales claims and electronic loan with the Defendant by electronic means prior to the designated settlement date for the Plaintiff, the Plaintiff shall be given a loan to the Defendant, and in such case, the Defendant will transfer the sales claims to the Plaintiff to the purchasing enterprise in order to

(hereinafter collectively referred to as the “instant arrangement”). (b)

In accordance with the instant agreement, the Plaintiff loaned KRW 64,00,000 to the Defendant by June 11, 2012 (hereinafter “instant loan”), and collected part of the loan from the purchasing enterprise using the sales credit transferred from the Defendant (hereinafter “instant credit sales credit”). However, around August 29, 2012, the Plaintiff was unable to recover KRW 4,78,513 out of the instant loan from the Seoul Central District Court (Seoul Central District Court 2012 Gohap143) upon the commencement of rehabilitation proceedings against the purchasing enterprise (hereinafter “instant credit sales credit”).

C. The Plaintiff reported the above rehabilitation procedure as the creditor of credit sales claim of this case.

In the rehabilitation claim statement, the Plaintiff’s total amount of credit sales claims and electronic loans to the purchasing enterprise is KRW 526,181,160, and among them, the instant credit sales claims of the Defendant-related bonds are KRW 45,900,000, respectively. The Plaintiff received KRW 3,880,693 from the repayment of the instant credit sales claims according to the approved rehabilitation plan and appropriated it for the repayment of principal out of the instant loans.

this section.

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