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(영문) 서울남부지방법원 2018.08.23 2017나63458
손해배상(기)
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's defendants who correspond to the above revocation part.

Reasons

1. Basic facts

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.

Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a company that has a transactional relationship with the Co., Ltd. Co., Ltd. (hereinafter referred to as “Licts”) and Defendant B is the representative of the Defendant Co., Ltd., while conducting trade business, electronic parts sales business, 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 April 30, 2010, the Plaintiff guaranteed the payment of the loan amounting to KRW 1,000,000, guarantee rate of KRW 90%, guaranteed amount of KRW 950,000,00 with respect to the loan for corporate purchase with respect to the loan to be received from a national bank (hereinafter “the credit guarantee agreement of this case”).

2) On June 12, 2013, LROMs were purchased from the Defendant Company for 18,535,375 won and the price is paid through a corporate purchase financing loan.

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