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(영문) 수원지방법원안양지원 2017.10.26 2015가합101424
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. Facts of recognition;

A. On March 26, 2007, the Plaintiff entered into a credit guarantee agreement (80% of a guarantee agreement) with Defendant A Co., Ltd. (hereinafter “Defendant A”); Defendant A’s representative director is Defendant A; Defendant C is a financial director that was in charge of the Defendant A’s corporate purchase financing; Defendant C entered into a credit guarantee agreement (80% of a guarantee agreement) with respect to corporate purchase financing loans that Defendant A will receive from Han Bank; and on June 22, 2010, Defendant A entered into a credit guarantee agreement (80% of a guarantee agreement) with respect to corporate purchase financing loans that Defendant A will receive from Industrial Bank of Korea.

Defendant A entered into an agreement with Han Bank and the Industrial Bank of Korea as collateral for the credit guarantee agreement.

(b) A corporate purchase financing loan shall be made in such a manner that, when an electronic commerce contract on transactions between a borrower and a customer is submitted to a lending agency, a loan equivalent to the transaction amount is paid directly to the customer within the agreed lending limit.

C. Defendant A applied for a loan to the Industrial Bank of Korea on July 5, 2010, prepared with Defendant D Co., Ltd. (hereinafter “Defendant D”). Defendant A applied for an electronic commerce contract (a total of KRW 11,65,500) signed on July 5, 2010, and the electronic commerce contract (a total of KRW 116,49,343) dated September 16, 2010, and the Industrial Bank of Korea remitted total of KRW 128,164,843 to Defendant D around that time.

Defendant A made a loan to the Industrial Bank of Korea on July 16, 2010 entered into with Defendant F (mutual name: K and Defendant G are the person in charge of loans for corporate purchase), the electronic commerce contract (total amount of KRW 47,660,400) dated August 17, 2010, the electronic commerce contract (total amount of KRW 61,232,250), September 15, 2010, the electronic commerce contract (total amount of supply and tax amount of KRW 42,196,50), the electronic commerce contract (total amount of supply and tax amount of KRW 42,196,500), November 18, 2010, and the Industrial Bank of Korea applied for a loan to the Industrial Bank of Korea on the electronic commerce supply contract (total amount and tax amount of KRW 71,713,200) dated September 15, 2010.

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