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(영문) 서울고등법원 2016.06.16 2015나2067305
채무부존재확인
Text

1. The plaintiffs (Counterclaim defendants)' appeal is dismissed.

2.Pursuant to the counterclaim brought at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs are companies or individuals that manufacture, sell, or sell leather products, such as verbally, and the company that manufactures and sells the oral, handbags, bags, etc., using the trademark “Ecuadian” (hereinafter “Ecuadian”).

The Plaintiffs supplied leather products or raw materials to them as seen below.

B. On August 29, 201, the Defendant entered into an agreement on the use of electronic settlement accounts with the Defendant’s credit sales claims, and the Defendant entered into an agreement on the use of electronic settlement accounts (so-called “instant basic agreement”) with the content that the Defendant would provide loans to the Defendant on the security of sales claims against the Defendant, by setting the limit of issuance of sales claims at KRW 15,00,000,000, and the limit of loan amount at KRW 12,500,000,000. In the event that an individual selling company that delivers goods to the Defendant files an application for a loan to the Defendant with the Defendant on the security of sales claims against the f, the Defendant would provide the Defendant with a loan to the Defendant, subject to certain requirements.

This is the way that a selling company that supplied goods to FFC transfers its sales claims to the Defendant as a security, and receives the amount equivalent to its sales claims from the Defendant in the form of a loan, it is the way that FFC pays its sales claims to the Defendant at the maturity of the loan.

However, if the amount of the sales bond is not paid to the defendant by the maturity due to the lack of the ability to repay the f.C., the defendant may claim against the selling company for the repayment of the loan.

C. On May 25, 201, Plaintiff B entered into a loan agreement with the Plaintiffs and the Defendant, with an authorized certificate, etc. required to apply for the use of loan against loan against credit sales claims on credit on the Defendant’s Internet homepage, setting the lending limit amount of KRW 500,00,000, and the expiration date of the lending period as November 25, 201 based on the instant basic agreement.

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