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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 5, 2011, the Plaintiff entered into a contract with the building company of brick mountain (hereinafter “building of brick mountain”), under which the Plaintiff would engage in a sample house reconstruction project of Sungdong-dong apartment reconstruction project (hereinafter “instant construction”). In return, the Plaintiff would receive KRW 90 million from the building of brick mountain.
On November 201, 201, the Plaintiff acquired a claim of KRW 99 million under the said contract for the construction of a brickd construction (hereinafter “instant claim”) upon completion of the said construction work.
B. Meanwhile, on May 15, 2007, where a person who provided goods or services to the party for the construction of brickworks, who is a customer, applies for a loan to the defendant as security against an electronic claim against the construction of brickworks, the defendant entered into an agreement that sets the total limit amount of the loan to the creditor at 60 billion won under certain conditions.
[This is the “B2B loan” (B2B loan) of credit sales claims by electronic means.
On May 31, 2007, the Plaintiff filed an application with the Defendant for the conclusion of the above agreement by submitting documents necessary for the Internet agreement on loan against security of credit sales claims, which covers electronic bonds against the construction of brickd. On the same day, the Plaintiff and the Defendant concluded the above loan agreement through the Internet (hereinafter “instant loan agreement”).
The loan agreement of this case applies "the basic terms and conditions of the electronic credit sales bond settlement system", and the main contents of the above terms and conditions are as follows.
Article 2 (Definition of Terms) (1) The definitions of terms used in this Clause shall be as follows:
1. The term "electronic sales bond" means the electronic payment means that a purchasing enterprise designates a selling enterprise as a creditor and issues to pay a specified amount at a fixed period of time;
3. The term "purchase enterprise" means the purchase of goods and services from a selling enterprise and the electronic method.