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(영문) 서울서부지방법원 2017.11.28 2017나30891
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. From August 1995, Defendant B had been engaged in the business of Magpo-si P (hereinafter “the location of the instant case”) with the trade name “D”, and Defendant B had registered the business with the location of “the location of the instant case”, the opening date of the business around November 29, 2006, and the trade name “C”, “C”, and the type of business as “manufacturing business and knifebs”.

B. On March 27, 2007, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant B by setting the term of guarantee as “as of March 26, 2008,” “enterprise purchase financing loan,” “300 million won”, and “80%”, and then issued a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) to the Defendant B.

C. Defendant B, using the instant credit guarantee form, concluded an agreement between the national bank and the national bank for loans to the national bank on the basis of the tax invoice received by Defendant B, and accordingly, when the sales company transmits the bill of exchange payment or the written request for the collection of sale proceeds to the national bank, the national bank will pay the amount under the bill of exchange or the written request for the collection of sale proceeds to the Defendant B.

Defendant A(C) issued each tax invoice as listed below, while providing a bill of exchange to a national bank. Accordingly, the national bank paid each of the loans listed below to the national bank account (Account Number Q) opened in the name of the Defendant B through the national bank account (Account Number Q) opened in the name of the Defendant A on each of the following lending dates:

The loans listed below (hereinafter referred to as "the loans listed in Table 1", "the loans listed in Table 2", "the second loans of this case", "the third loans of this case", and "the loans listed in No. 4", and "the fourth loans of this case".

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