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(영문) 서울서부지방법원 2017.07.18 2017나30051
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 26, 2004, the Plaintiff issued to B Co., Ltd. (hereinafter “B”) a credit guarantee certificate with the content of guaranteeing the amount equivalent to 80% of the principal of the loan when B receives a loan from the Industrial Bank of Korea.

B. At that time, B submitted the above credit guarantee statement to the Industrial Bank of Korea, and received the loans from the Industrial Bank of Korea, but the Industrial Bank of Korea paid the loans directly to the seller.

C. Generally, corporate purchase financing loans generally consisting of a seller’s electronic method of submitting a bill of exchange or a written request for collection of sale proceeds to the relevant financial institution through an Internet brokerage company. B requested the Industrial Bank of Korea to “purchase Price Settlement Agency (or scheduled date for conclusion)” and the Industrial Bank of Korea prepared a written request for collection of sale proceeds on behalf of the seller who concluded the “Purchase Price Settlement Agency (or scheduled date for conclusion)” and then arranged a written request for collection of sale proceeds and conducted it by the Industrial Bank of Korea in the way of executing the purchase financing loan on behalf of the seller.

The amount of the tax invoice borrowed on the date of the issuance of the tax invoice by the sequence 50,00 on May 1, 2010, 2010, the amount of the loan amount of the tax invoice borrowed KRW 77,91,152 on May 6, 2010, KRW 50,000 on July 2, 2010, KRW 53,200,846 on June 10, 2010, KRW 30,200,846 won on June 20, 2010, KRW 20,20,846 won on July 13, 2010, KRW 77,91,998.

D. B filed an application for a loan of purchase fund three times to repay the price for the goods supplied with steel bars, etc. by C, and KRW 77,91,98 was paid to C in total in accordance with the written request for the collection of sale proceeds prepared by the Industrial Bank of Korea on behalf of C. However, the issue date of the tax invoice to be attached as evidentiary materials at the time of the application for each loan of purchase fund and the details of each loan of purchase fund are

(hereinafter referred to as "each of the instant loans", and when individual loans are referred to, they shall be specified as the date of the loan). (e)

B This Bank shall be the Bank.

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