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(영문) 대구지방법원 2018.10.25 2017가합203910
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 241,400,000; and (b) from March 14, 2016 to July 9, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability to facilitate its financing and contributing to the development of the national economy.

B. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company that entered into a contract for corporate purchase fund loan with Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) pursuant to the credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”). Defendant A was the representative director of Defendant A at the time.

(c) A loan for corporate purchase 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 objectives in connection with a transaction between the business entity that received its business registration certificate. If a financial institution and the purchasing business entity submit a tax invoice, etc. that can prove the facts of the transaction with the purchasing business entity within the extent agreed upon between the financial institution and the purchasing business entity, it is a loan that is directly

B2B, one of the financing methods for corporate purchase, is that if a purchaser and a seller enter into an electronic commerce contract with a MP company and transmit a written request for the collection of sales proceeds in electronic form through a computer, etc. to a financial institution through a MP company, a financial institution shall pay a direct loan to a seller.

On the other hand, C died on June 2, 2017, which was after the Plaintiff’s filing of the instant lawsuit, and as his heir, C, E, and F taken over the instant lawsuit against the deceased C.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3 (including each number; hereinafter the same shall apply), Eul 1, and the purport of the whole pleadings

2. A person who was the representative director of Defendant A to determine the claim against Defendant A, D, E, and F shall obtain a corporate purchase loan from the Gyeongnam Bank.

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