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1. The Defendant’s KRW 282,795,009 for the Plaintiff and the following: 5% per annum from June 3, 2014 to November 23, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing and contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capability.
The defendant is a person who has a transactional relationship with D who operates the "C" while operating the private business chain that sells taxes, etc.
B. A transaction structure of a corporate purchase financing loan is a loan that a financial institution handles goods and services to a business entity that purchases goods and services due to its ordinary business activities consistent with its business purpose in connection with a transaction between the business entity that received a business registration certificate. If a financial institution and a purchaser submit a tax invoice, etc. to prove the transaction with a selling business entity within the extent agreed upon between the financial institution and the purchaser, it is the structure that the sales business entity directly receives the amount equivalent to the transaction amount as a loan to the purchasing business entity. (ii) Of the corporate purchase financing loan, the so-called B2B method out of the so-called corporate purchase financing loan is implemented in the form that a financial institution pays a loan to the selling business entity if the financial institution concludes an electronic transaction contract with the purchasing business entity and transmits a written request for the collection of sales proceeds in an electronic form through
다. 이 사건 기업구매자금대출 실행 1) 원고는 2011. 3. 2. D가 중소기업은행으로부터 받을 기업구매자금대출에 관하여 대출예정금액 315,000,000원, 보증비율 90%, 보증금액 283,500,000원으로 하여 이 사건 신용보증약정을 체결하고, 중소기업은행에 위와 같은 내용의 신용보증서를 발행하였다. 2) D는 2008. 4. 10., 피고는 2013. 12. 10. MP 업체인 주식회사 이상네트웍스(이하 ‘이상네트웍스’라 한다)의 ‘B2B e-마켓플레이스’ 사이트(이하 ‘이 사건 사이트’라 한다)에 회원으로 가입하였다.
D on December 2013.