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(영문) 서울고등법원 2018.06.14 2017나2063307
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing and contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capability.

The defendant is a person who has a transactional relationship with D who operates the "C" while operating the private business chain that sells taxes, etc.

B. A transaction structure of a corporate purchase financing loan is a loan product that provides that a financial institution lends funds to a purchasing company if a company purchases goods and services of another company through ordinary business activities consistent with its business objectives. 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 shall directly pay an amount equivalent to the purchase price to the purchasing company as a loan to the purchasing company. 2B method out of a corporate purchase financing loan is the form in which the selling company concludes an electronic commerce contract with the purchasing company under the brokerage of the MP and then the financial institution pays the loans to the selling company if the purchasing company transmits a request for the collection of sales price in electronic form through the MP company.

C. On March 2, 2011, the Plaintiff guaranteed the payment of the loan amounting to KRW 315,00,000, guarantee rate of KRW 90,000, and KRW 283,50,000 with respect to the loan for corporate purchase funds to be received from the Industrial Bank of Korea between the Industrial Bank of Korea and the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”).

)을 체결하였다. 2) MP 업체인 주식회사 이상네트웍스(이하 ‘이상네트웍스’라 한다)의 인터넷 홈페이지(이하 ‘이 사건 사이트’라 한다)에 2008. 4. 10. D 명의, 2013. 12. 10. 피고 명의의 각 회원 가입이 이루어졌다

In the site of this case, ..

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