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(영문) 인천지방법원 2018.05.31 2017나59775

손해배상(기)

Text

1. Of the judgment of the first instance court, the part against the Plaintiff regarding Defendant D, which corresponds to the following amount ordered to be paid:

Reasons

1. The plaintiff filed a lawsuit against the defendants, joint defendants A (hereinafter "A"), and B of the first instance trial. The first instance court rejected all claims against the defendant C, A, and B except part of the damages claim against the defendant, A, and B, and dismissed the claim against the defendant. Accordingly, the defendant C filed an appeal, and the plaintiff filed an appeal against the defendant D.

Therefore, since the part of the plaintiff's claim against A and B was already finalized, the scope of the judgment of the court is limited to the plaintiff's claim against the defendants.

2. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

A was established on September 28, 200 as a company engaged in manufacturing business.

B From February 16, 2012 to December 16, 2012, A's representative director, Defendant D's representative director, and up to May 9, 2012, A's joint accounting employee.

Defendant C was the wife of Defendant C and supplied goods to A in the manufacturing industry with the trade name “E” from October 2007.

B. On November 30, 201, A entered into an agreement with the Industrial Bank of Korea to lend funds that the Industrial Bank of Korea has to pay for the goods from its customer (sales Company) to A. However, the Industrial Bank of Korea deposited the funds directly into the account of its customer (sales Company) and entered into a “B2B” agreement with the Industrial Bank of Korea to repay the loans to A.

On November 30, 201, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with A on November 30, 201, with respect to the obligations for loans for business purchase funds to be borne by A to the Industrial Bank of Korea.

C. B and the Defendants, at the first instance court on August 17, 2017, were the Defendant’s criminal judgment in the Incheon District Court Branch Decision 2017Dadan8777, supra.