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(영문) 서울중앙지방법원 2016.12.07 2016가단5104480

손해배상(기)

Text

1. Defendant A’s KRW 86,726,681 as well as 5% per annum from June 1, 2012 to June 25, 2016 to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable legal provisions: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant B, C, and D

(a) Recognition 1) Status and relationship between the parties: An overview of the corporate purchase financing loan system: as shown in attached Form 1.1. (2) The cause of the claim is as shown in attached Form 3.

3) Defendant B Co., Ltd. (hereinafter referred to as “Defendant Company”)

(4) In the case of a corporate purchase fund loan under B2B method, the purchasing company entered the contents of the relevant contract and the tax invoice in electronic form by computer, etc. within 30 days from the date of issuance of the tax invoice received from the selling company, and the selling company approved the relevant terms and conditions of the contract, etc., and prepared and transmitted a request for the collection of sale proceeds by the purchasing company, the financial institution executes a loan to the purchasing company in accordance with the collection request, and the loan is deposited in the name of the purchasing company in the name of the purchasing company.

5 The defendant company received corporate purchase funds that the Industrial Bank of Korea extended to the defendant A based on the future tax invoice issued by the defendant A, as shown in the following table:

On May 31, 2011, the Defendant Company entered 1201-06-02 38,005,000 of the annual amount of dancing in the MPB B2B website of the PE company the transaction of the goods of KRW 38,005,00 for the representative A who is the business partner on May 31, 201.