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(영문) 서울고등법원 2018.01.19 2017나2022467
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

Defendant B is the representative director of Defendant A (hereinafter “Defendant A”) and is the director or auditor of Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant D is a person registered as the representative director of Defendant C.

B. The “loan for Enterprise Purchase Funds” system is a loan system in which a purchasing enterprise purchases goods, etc. from a selling enterprise in order to reduce the use of a bill in connection with the settlement of goods for commercial transactions between enterprises in accordance with the government’s measures to improve the system of bills and to expand cash settlement. A purchasing enterprise purchases goods, etc. from a selling enterprise, the financial institution that received a guarantee from the Korea Credit Guarantee Fund shall pay the sale proceeds, based on tax invoices and other transaction documents

This loan is carried out by the method of submitting a written request for the collection of sale proceeds (B2B) prepared in electronic form by a selling company for payment to a financial institution by issuing a bill of exchange or by submitting a written request for the collection of sale proceeds.

C. On December 31, 2008, the Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds, and 1) on December 31, 2008, with Defendant A (Representative Director Defendant B), and the New Bank Co., Ltd. (hereinafter “New Bank”) (hereinafter “New Bank”).

(B) A credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with respect to a debt to be repaid in the amount of KRW 1 billion from a corporate purchase financing loan (B2B) as of December 29, 2009, with the guaranteed principal of KRW 950 million (95.0%) and the term of the guarantee period as of December 29, 2009 (hereinafter referred to as the “instant credit guarantee agreement”).

(2) The Defendant A (Representative B) issued a credit guarantee statement (Guarantee Number) with the above content in the future of the new bank that is the guarantee creditor.

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