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(영문) 서울중앙지방법원 2015.04.03 2014가단150729
대여금 등
Text

1. The Defendants shall pay to each Plaintiff KRW 145,605,651 and KRW 97,775,00 among them, from June 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 13, 2007, the Plaintiff entered into an agreement on the use of electronic settlement of credit sales claims (hereinafter “instant electronic settlement use agreement”) with Defendant Sangdong Industry Co., Ltd. (hereinafter “Defendant Sangdong Industry”). This is a transaction in which a selling company notifies the Plaintiff of the details of sales claims confirmed by electronic means and requests the payment of the sales claims if the sales company becomes final and conclusive as it supplies goods or services to Defendant Sangdong Industry, and if the sales company notifies the Plaintiff of the details of the sales claims determined by electronic means and makes a payment, the purchasing company shall make the payment in advance, and the Defendant Sangdong Industry deposits the sales claims or loans paid in advance by the selling company at the fixed date of payment.

The Plaintiff and Defendant Commercial Partnership Industry entered into an agreement on the use of electronic settlement of this case with the amount of loans of KRW 500 million and the period of agreement on August 3, 2012 for the said transaction.

B. On April 28, 2011, the Plaintiff entered into an agreement with Defendant A, a seller of the Defendant’s business, to secure credit sales claims by electronic means (hereinafter “instant loan”). This agreement is an agreement with the Plaintiff to exercise the Plaintiff’s right of recourse where Defendant A, a seller, files an application for the loan against credit sales claims by electronic means prior to the designated settlement date, with respect to the case for which Defendant’s business was requested to pay to the Plaintiff. In the event that Defendant A, a seller, files an application for the loan against credit sales claims by electronic means, the Plaintiff executes the loan within the scope of the loan limit as collateral against Defendant A’s sales claims against Defendant’s business, and the Defendant’s business was unable to pay the credit sales claims by electronic means at the due date.

The maximum amount of the instant secured loan concluded by the Plaintiff and Defendant A is KRW 13 billion.3 million.

C. The Plaintiff entered into an agreement on the use of the electronic settlement and the instant agreement with the Defendants.

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