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(영문) 서울남부지방법원 2019.05.14 2018가합113790
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 247,416,64 and KRW 187,416,344 among them, from April 30, 2012 to April 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established under the Credit Guarantee Fund Act with the aim of guaranteeing the debt of an enterprise which lacks security capability to facilitate its financing, and contributing to the balanced development of the national economy by establishing a sound credit order through efficient management and operation of credit information. 2) Defendant A is an internal director of a corporation incorporated under the Credit Guarantee Fund Act (hereinafter “D”), Defendant B is a real operator of D as the former representative director of D, and Defendant C is a manufacturing and wholesale company with the trade name “E”.

B. On June 21, 2010, the Plaintiff entered into a credit guarantee insurance agreement and a loan for financing business purchases with D Co., Ltd. (hereinafter “instant credit guarantee agreement”) with D Co., Ltd., whereby D Co., Ltd. receives a loan for financing business purchases from F Bank, the guarantee ratio is 80%, and the guarantee limit amount is 450 million won (hereinafter “instant credit guarantee agreement”).

2) Accordingly, D entered into an agreement on corporate purchase financing with the F Bank on the basis of the instant credit guarantee agreement with the F Bank, that the F Bank shall provide D with a loan to the F Bank to pay for the goods or goods from the customer (seller), but the loan shall be deposited directly into the account of the customer (seller) and D entered into an agreement on corporate purchase financing with the F Bank to repay the loan equivalent to the sales amount to the F Bank at the fixed due date.

3. A loan for corporate purchase is a loan that provides that if a business entity purchases goods or services from another business entity through ordinary business activities consistent with its business objectives, a financial institution lends the purchase funds to the purchasing business entity.

If a purchasing company submits a tax invoice, etc. to a financial institution to prove the conclusion of a sales contract with a selling company, the financial institution loans the amount equivalent to the purchase price to the purchasing company.

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