beta
(영문) 서울서부지방법원 2016.08.25 2015가합34529

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 May 14, 2010, the Plaintiff entered into a credit guarantee agreement with the Korea Credit Guarantee Fund as a credit guarantee principal of KRW 493 million, from May 14, 201 to May 13, 201, with a creditor company's elementary Dong branch of the creditor company bank, and a credit guarantee agreement with a type of credit guarantee. At the time, the Plaintiff's representative director E and F guaranteed the Plaintiff's credit guarantee obligations.

B. On May 14, 2010, the Plaintiff obtained a loan of KRW 580 million from an enterprise bank using a guarantee issued by the Credit Guarantee Fund under the said credit guarantee agreement, and upon the execution of the said loan, deposited KRW 579,850,000 in the Plaintiff’s corporate bank account (G).

C. From May 20, 2010, KRW 533,363,49 of the construction cost was deposited in the Plaintiff’s foreign exchange bank account (H).

Between January 3, 2007 and July 23, 2010, the details, etc. transferred from the Plaintiff’s bank account to the bank account of E, Defendant B, and D are as follows.

1) The details of transfer from the Plaintiff’s foreign exchange bank account (H.) deposit in the account under the name of 10.25,958,600 E on January 3, 2007; deposit in the account under the name of 10.30,000 E on January 30, 2008; deposit in the account under the name of 10.30,000,000 E; deposit in the account under the name of 10.30,000 E; deposit in the account under the name of 10,000 Hong Kong; and deposit in the account under the name of 20,000,000 E. 20; and deposit in the account under the name of 20,000,000 E. 1, 200,000 E. 1, 209;