손해배상(기)
1. The Defendants jointly share KRW 119,700,000 with respect to the Plaintiff and each of them, Defendant C Co., Ltd. from February 21, 2011.
I. Determination as to the claim against Defendant A and B
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
Ⅱ Determination as to the claim against Defendant C Co., Ltd. and D
1. The facts below the facts may be acknowledged, either in dispute between the parties or in combination with the whole purport of the pleadings as a result of the fact inquiry into E Co., Ltd. of this Court, each entry of Gap evidence Nos. 1 to 10 (including the number; hereinafter the same shall apply) and this Court.
(1) 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.
(2) On February 10, 2009, the Plaintiff provided a credit guarantee to Defendant A Co., Ltd. (hereinafter referred to as “A”) for 90% of the loan for corporate purchase fund (hereinafter referred to as “corporate purchase fund loan”) that A received from an enterprise bank via a guarantee number F.
Defendant B (hereinafter referred to as “B”) is the representative director at the time of the implementation of A’s corporate purchase financing.
(3) Defendant C Co., Ltd (hereinafter referred to as “Defendant C Co., Ltd.”) supplies goods to A, a purchasing company, and is a sales company that the Defendant Co., Ltd received the payment of the above goods with the loan funds for corporate purchase requested by the corporate bank under the Plaintiff’s guarantee. Defendant D is the representative director at the time of the Defendant Co., Ltd.
B. In order to induce a purchasing enterprise to reduce the use of bills in connection with the settlement of goods for commercial transactions between enterprises and expand cash settlement in accordance with the government’s policy to improve the corporate purchase financing scheme, where a purchasing enterprise purchases goods, etc. from a delivery enterprise, the financial institution that received the Plaintiff’s guarantee shall be the delivery enterprise based on the tax invoice and other transaction documents.