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(영문) 서울동부지방법원 2017.04.26 2015가단132882
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a business partner of A (hereinafter referred to as "A") who runs the design and sales business of semiconductor parts or semiconductor chips, and B is a representative director of A.

On June 17, 2002, the Plaintiff entered into a credit guarantee agreement and issued a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with A during the period from June 17, 2002 to June 9, 2003, by setting forth a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) as the loan amount of KRW 300,000,000,000, the guarantee rate of KRW 85% (the guaranteed principal principal of KRW 255,00,000), and the guarantee period from June 17, 2002 to June 9, 2003.

A entered into an agreement with the National Bank as a collateral for a loan for corporate purchase.

A loan for financing business purchases is a loan that a financial institution handles goods and services to a business entity that purchases goods and services through normal business activities consistent with its business objectives in connection with a transaction between the business entity that received the business registration certificate.

If a purchaser submits a tax invoice, etc. to prove the fact of transactions with a seller within the limit agreed between a financial institution and a purchaser, it is the structure in which a seller receives an amount equivalent to the transaction amount from a loan to a purchaser company.

There are two methods of lending funds to a purchasing company: ① a purchasing company receives a tax invoice from a selling company; ② a bill of exchange issued with a bill of exchange with a bill equivalent to the price of goods paid by a selling company to a financial institution; ② a bill of exchange submitted by a selling company for payment to a financial institution; ② a bill of exchange submitted by a selling company in an electronic form, such as computer, to submit a written request for collection of the price of sales sent by the selling company.

The defendant's corporate purchase fund and the plaintiff's corporate purchase fund.

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