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(영문) 서울동부지방법원 2017.09.14 2015가합106880
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., C Co., Ltd., and D, jointly and severally, KRW 104,676,218, and their related thereto.

Reasons

Basic Facts

The plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act to guarantee the debt of an enterprise with weak collateral ability and facilitate its financing.

Defendant A is a company established for the purpose of the wholesale business of steel materials and is in a trade relationship with Defendant C Co., Ltd. (hereinafter referred to as “C”), and Defendant D is a person who works for Defendant C, and Defendant F is a representative director of Defendant E.

The structure financing loan for corporate purchase fund is a loan that one company handles with the relevant company when the financial institution purchases goods and services through ordinary business activities consistent with its business objectives in transactions between the financial institution and the company that received its business registration certificate. If the financial institution and the purchasing company issue a tax invoice, etc. to prove that the purchasing company trades with the selling company within the agreed limit between the financial institution and the purchasing company, and if the selling company requests the financial institution to collect the bill of exchange with the purchasing company along with the above tax invoice, etc., the financial institution pays the amount equivalent to the transaction amount to the purchasing company as a loan to the selling company.

On April 25, 2006, the Plaintiff concluded a credit guarantee agreement ("G") with the term "credit guarantee agreement" as of April 24, 2007 with regard to the amount of the loan incurred by Defendant A from the Bank of Korea Co., Ltd. (hereinafter "Korea Bank"), KRW 700,000,000, the rate of the guarantee is KRW 80,000, the guaranteed amount is KRW 560,000, the guaranteed amount is KRW 500,000, and the guarantee term is one year after the date, and issued a credit guarantee agreement ("G") with the above contents in the future of the Korea Bank, which is the guarantee creditor.

Since then, the term of guarantee agreement was extended until April 16, 2010.

On September 10, 2008, the Plaintiff’s obligation arising from Defendant A’s loan from the Industrial Bank of Korea (hereinafter “Corporate Bank”) for corporate purchase fund.

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