손해배상(기)
1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 542,628,389 and its related amount on March 26, 2012.
1. Determination as to the claim against Defendant A, B, and C
A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant A”);
(2) The Defendant B, the representative director of the Defendant A and the Defendant C Co., Ltd. (hereinafter “Defendant C”) at the time of the above loan contract, entered into a credit guarantee agreement with the National Bank and the Industrial Bank of Korea, and the Plaintiff entered into a company purchase fund loan agreement with the said Defendant, and the said Defendant C, the representative director of the Defendant A and the Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a false electronic commerce contract between the Defendant and the Defendant, and, in a manner that it belongs to the National Bank and the Industrial Bank of Korea, would belong to the National Bank and the Industrial Bank of Korea. From May 11, 2011 to October 17, 2011, the Defendant C received a total of KRW 638,386,341 (hereinafter “the instant loan”).
3) After the Plaintiff’s failure to repay the instant loan, on March 26, 2012, the Plaintiff subrogated to the National Bank and the Industrial Bank of Korea for 542,628,389 won (i.e., KRW 638,386,341 x 85/100) equivalent to the Plaintiff’s guarantee ratio among the instant loans (i.e., KRW 638,386,341 x 85/100).
hereinafter the same shall apply.
As a result of this court's order to submit taxation information to the director of the Gyeonggi Mine District Office, the fact inquiry results of this court's E and the purport of the whole pleadings.
B. According to the facts acknowledged in the above Paragraph (a) above, Defendant B, as the representative of Defendant A and Defendant C, is responsible for the above damages to the Plaintiff jointly and severally in accordance with Article 750 of the Civil Act and Articles 389(3) and 210 of the Commercial Act, since Defendant B, by deceiving the National Bank and Industrial Bank of Korea, obtained the money of KRW 638,386,341 of the instant loans by deceiving the Plaintiff and thereby, thereby making the Plaintiff subrogated for KRW 542,628,389.