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(영문) 수원지방법원성남지원 2016.10.05 2016가합202882

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2006, the Plaintiff entered into a credit guarantee agreement of 1260 million won (hereinafter “the credit guarantee agreement of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) in relation to the receipt of a corporate purchase loan from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”). Defendant B was the representative director of Defendant A at the time, Defendant C was the wife of Defendant B, and Defendant D is the E, the customer of Defendant A.

B. Defendant A entered into the instant credit guarantee agreement with a national bank as collateral, and a financial institution’s loan to a debtor in a corporate purchase financing transaction. A financial institution’s loan to a debtor in a corporate purchase financing transaction is made in the manner of collecting the relevant loan by issuing a bill of exchange and receiving a tax invoice from a customer and filing an application for a corporate purchase financing loan with a financial institution.

C. Defendant D issued each tax invoice as listed in the following table, and issued a bill of exchange of the same amount as the amount of each of the above tax invoices, and received the amount from a national bank, which is the lending institution for corporate purchase funds to Defendant A. For the same period, the details deposited by Defendant D into Defendant C’s account in the name of Defendant B’s wife, are as listed below.

8. Amount deposited in Defendant C’s name on December 20, 2007: 38,00,000 on December 21, 2007; 32,50,00 on December 32, 20, 207; 32,50,500 on December 32, 20, 2008; 30. 45,500,000 on Jan. 9, 2008; 1. 6. 40,50,50,000 on May 4, 2008; 1. 6. 4, 2008; 1. 4,00,50,000; 1. 5,50,00 on Jan. 15, 2008;