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(영문) 수원지방법원 성남지원 2017.03.15 2016가단201042

손해배상(기)

Text

1. The Defendants: (a) from May 15, 2007 to May 15, 2007 to each of the Plaintiff KRW 39,414,400; and (b) from May 201 to May 2016 to the Defendants.

Reasons

1. Facts of recognition;

A. On September 25, 2006, the Plaintiff concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “E”) with which Defendant B served as the representative director, and issued a credit guarantee certificate with the content of the guaranteed amount of KRW 442,400,00,000, F of the surety, and the guarantee term until September 24, 2007.

B. On June 2, 2006, Defendant C Co., Ltd. (hereinafter “G”) whose representative director works for Defendant D Co., Ltd. (hereinafter “Defendant C”) issued to E a tax invoice with the supplier’s “G”, “SMD OSC, XA”, “49,268,00 won” (hereinafter “instant tax invoice”) and there was no fact that G supplied goods as indicated in the instant tax invoice to E.

C. According to the credit guarantee agreement with the Plaintiff, E entered into a corporate purchase loan agreement with a new bank (hereinafter “new bank”) to lend an amount equivalent to the pertinent transaction amount to the extent agreed in advance by the new bank upon submission of a tax invoice for issuance of a sales company that can prove the facts of transaction after the supply of the goods by E, and G received KRW 49,268,000 from the said bank on June 21, 2006 based on the instant tax invoice.

hereinafter referred to as "the loans of this case" are "the loans of this case"

(D) On June 22, 2006, G remitted the above loan to E. D. On February 6, 2007, E caused a credit guarantee accident, such as overdue loans, etc., and on May 15, 2007, the Plaintiff subrogated 449,242,95 won, including the instant loan, to a new bank on May 15, 2007. 【Grounds for Recognition】 E-, Article 208(3)2, Article 150(3)(i.e., in the Civil Procedure Act) G, Article 208(3)2, Article 150(3)(ii), and Article 150(5)(i.e., the fact that there is no dispute, subparagraph 1 or 5(including the number of pages)

each entry, the result of this court's response to an order of submission of financial transactions to one bank, the purport of the entire pleadings;

2. According to the above facts of recognition, E and Defendant B, the representative director thereof, are equivalent to KRW 49,268,00 from G.