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(영문) 서울서부지방법원 2016.11.30 2016가합32308

손해배상(기)

Text

1. The Defendants jointly share KRW 369,750,000 with respect to the Plaintiff and the period from October 25, 201 to August 23, 2016.

Reasons

1. Facts of recognition;

A. 1) The Defendant A Co., Ltd. (hereinafter “Defendant A”)

A) A company is deemed dissolved on December 1, 2015 while engaging in wholesale business, etc. of construction materials, and Defendant C Co., Ltd (hereinafter “Defendant C”).

(2) Defendant B is a person registered as the representative director of Defendant C from March 22, 2006 to the time of dissolution, and E is an internal director of Defendant A from June 29, 2009 to the time of dissolution.

B. (1) On June 4, 2007, the Plaintiff entered into a credit guarantee agreement between Defendant A and the credit guarantee agreement between the credit guarantee principal of KRW 630,00,00,000, and the credit guarantee period of June 1, 201 and the credit guarantee agreement between June 8, 201, and the credit guarantee agreement between June 7, 201, and the credit guarantee agreement between Defendant A and the credit bank (hereinafter “A bank”) for corporate purchase financing.

The above credit transaction agreement is a structure in which a purchasing enterprise enters transaction information on the website of a brokerage company, along with a sales company's tax invoice issued by the sales company.

C. 1) Defendant C entered false transaction information, accompanied by a false tax invoice issued by Defendant C, in which the sum of KRW 476,689,648, and the amount of KRW 648,00,00, in five times from February to July, 201, into the website of the brokerage company. Accordingly, one bank remitted KRW 448,00,000 to the account in the name of Defendant C for the same period.