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(영문) 서울중앙지방법원 2017.10.31 2017나12867
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance citing Article 420 of the Civil Procedure Act is the same as that of the judgment of the court of first instance except for the dismissal as follows. 2) The plaintiff asserts that the plaintiff is as follows:

At the time of the loan of corporate purchase fund, the Defendant entered into an agreement with the Korea Exchange Bank at the time of the loan of corporate purchase fund with the Korea Exchange Bank, and the said agreement applies the terms and conditions of the use of electronic commerce services to the sales company (the Defendant) using the payment system for corporate purchase fund, and Article 5(2)3 of the said terms and conditions provides that “after the relevant purchase price is settled with the designated account of the selling company or with the agreed settlement method, the sales contract shall not be revoked.” Thus, the Defendant cannot cancel the sales contract between B after the execution of the loan of corporate purchase fund.

Since Article 1(1) of the Agreement on the Use of Payment System for Enterprise Purchase Loan provides that a seller shall submit a bill of exchange and an original tax invoice in case where a seller requests a lending bank to collect a bill of exchange, so long as he requests the collection of sales proceeds by presenting a bill of exchange and tax invoice issued by the defendant to the Korea Exchange Bank, if the sales contract which served as the basis for the issuance of the above tax invoice was revoked, the seller is obligated to notify

Since the Defendant did not directly receive the goods price from B, but paid the goods price with the purchase fund loan to the Defendant on the premise that the bill of exchange and tax invoice issued by the Defendant was valid, even if the Defendant revoked the above purchase contract, it shall not return the purchase fund loan to B or D, the representative of the above company, and shall return it to the Korea Exchange Bank, the loan execution bank.

The Plaintiff’s assertion as above.

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