logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.03.28 2016가단115402
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2005, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Han Bank Co., Ltd. (hereinafter “I Bank”) under which Defendant A was the representative, setting forth a guarantee number D amount as KRW 212,50,000 (hereinafter “the instant credit guarantee agreement”), and C entered into a loan agreement with Han Bank under the instant credit guarantee agreement.

(b) A financial institution’s financing loan to a debtor in business purchases goods from a customer and issues and delivers a bill of exchange in which the payer pays the goods to a financial institution at the same time as the buyer of the goods purchases the goods from the customer, the customer shall present the said bill of exchange to a financial institution, and the financial institution shall inform the debtor of the presentment of the payment of the bill of exchange and pay the bill of exchange to the customer upon approval.

C. Defendant B was the representative director of E Co., Ltd. (E), the customer of C, (hereinafter “E”).

C applied for a loan on the basis of each tax invoice issued by E, which is a customer, and one bank wired each money to E as indicated in the following table “date and time of loan” and “amount of loan”:

(2) On May 23, 2006, a loan shall be made on May 23, 2006 on the date and time loan (won) of 24,00,000,00 on May 23, 2006 for the transaction indicated in the tax invoice (hereinafter the above transaction) 30,00,00 on May 26, 2006 30,00 on June 5, 2006 25,882,5040 on June 17, 2006; 17,350,000 on June 14, 2006; 200 on June 9, 14, 2006; 5,000,500 on June 14, 206; 200,50,0000,011,51,27,57,276,276, etc.).

On the other hand, E remitted money to C, such as the date and time of payment, and “paid amount” as stated in the above table.

E. Since then, the Plaintiff was unable to repay the debt of the instant loan.

arrow