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(영문) 서울중앙지방법원 2018.04.11 2017나38265
손해배상(기)
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. (i) The Plaintiff is a juristic person established under the Credit Guarantee Act for the purpose of guaranteeing the obligation of an enterprise which lacks security capability, facilitating its financing, and establishing a sound credit order through efficient management and operation of credit information, thereby contributing to the balanced development of the national economy.

D. According to the credit guarantee agreement with the Plaintiff, Non-Party D Co., Ltd. (hereinafter “Non-Party D”) is a company which entered into a corporate purchase loan agreement with the Industrial Bank of Korea and received a loan from the Industrial Bank of Korea, and the Defendant A was registered as the representative director of the non-party company from before the conclusion of the above corporate purchase loan agreement to December 1, 2015.

【Defendant Company B” (hereinafter “Defendant Company”) is a company that received a corporate purchase fund loan from the Industrial Bank of Korea on the basis of the transaction relationship with Nonparty Company, and Defendant C is the representative director of the Defendant Company.

B. In order to induce a purchasing enterprise to reduce the use of bills in connection with the settlement of goods for commercial transactions between enterprises and expand cash in accordance with the government’s policy to improve the corporate financing system, where a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution that received the Plaintiff’s guarantee shall pay the sales proceeds to the delivery enterprise on the basis of tax invoices and other transaction documents, and the purchasing enterprise shall redeem them to the financial institution after

Article 6 (3) of the Regulations on the Handling of Enterprise Purchase Loan Related to the Bank of Korea's Total Limit Loans (hereinafter referred to as the "Detailed Rules on Handling"), which provides for the Bank of Korea's necessary matters concerning the handling of enterprise purchase financing at the time when the non-party company entered into an agreement on corporate purchase financing with the Industrial Bank of Korea and received corporate purchase financing.

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