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(영문) 서울중앙지방법원 2017.06.07 2016가단5167672
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The status of the party is a juristic person established under the Credit Guarantee Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing, and by establishing a sound credit order through efficient management and operation of credit information.

D Co., Ltd. (hereinafter referred to as “non-party company”) is a company which entered into a contract with a corporate bank under the credit guarantee agreement with the Plaintiff and received a loan for purchasing funds, and the defendant A is the representative director of the non-party company.

Defendant B (hereinafter “Defendant B”) is a company that received a corporate purchase loan from an enterprise bank on the basis of the transaction relationship with Nonparty B, and Defendant C is the representative director of Defendant B.

B. In order to reduce the use of bills in connection with the settlement of goods for commercial transactions between enterprises and expand cash settlement in accordance with the government’s policy to improve the system of financing for corporate purchase funds, where a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution that received the Plaintiff’s guarantee shall pay sales proceeds to the delivery enterprise based on the Plaintiff’s tax invoice and other transaction documents, and the purchasing enterprise is a lending method to the financial institution that redeems them after a certain period. The Bank of Korea’s rules on financing for corporate purchase funds related to the Bank of Korea’s total limit loans (hereinafter “the Bank of Korea Regulations”) stipulating matters necessary for the handling of financing for corporate purchase funds (hereinafter “B2B method”), with respect to the financing for corporate purchase funds in the electronic form between the so-called companies (hereinafter “the so-called “B2B method”), the request for collection of sales proceeds shall be for collection or transmission by the selling enterprise within

(Article 6(3)).

C. The non-party company and the defendant B.

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