(영문) 대구지방법원김천지원 2019.07.05 2018가합16372

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(영문) 대구지방법원김천지원 2019.07.05 2018가합16372

유가증권반환 청구 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 2004, Nonparty C Co., Ltd. (hereinafter “C”) concluded and renewed a mutual support agreement with the Defendant on “B2B (Bus Business to be Business to be Business to be Business to be Business) loan agreement.”

The above B2B loan contract is the “electronic method loan loan,” and C notifies the Defendant of the credit sales claim held by the partner company (transaction) with C by means of electronic communication, and the partner company receives a corresponding loan from the Defendant by providing security by means of transferring credit sales claim to the Defendant, and C pays the amount of credit sales claim to the partner company by paying it to the Defendant at the due date of the above credit sales claim, and at the same time pays the partner company’s loan obligation to the Defendant.

B. C was awarded a contract for the construction of the EF in Ansan-si from Co., Ltd., and subcontracted the construction of the said construction of the club in October 2009 to G Co., Ltd. (hereinafter “G”).

C. From February 2010 to July 2010, G re-subcontracted the said subcontracted work amount of KRW 347,380,000 among the subcontracted work to the Plaintiff, from February 2, 2010, for the construction cost of KRW 347,380,00. The Plaintiff completed the said re-subcontract work around August 2010.

G requested C to pay the instant construction cost directly to the Plaintiff on June 2010. D.

C The following serial number and the credit sales amount of credit (the Plaintiff’s direct right to claim for the re-subcontracted construction payment against C; hereinafter “the credit sales amount of credit in this case”) are sent to the Defendant by electronic means (Internet banking). The Plaintiff transferred the credit sales amount of this case to the Defendant six times as follows, and borrowed KRW 250,060,000 from the Defendant total of the loans corresponding to the amount of credit amount.

No. 51.

유사 판례

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