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(영문) 수원지방법원안양지원 2016.01.14 2015가단104525

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. The Plaintiff provided a credit guarantee when Defendant A Co., Ltd. (hereinafter “A”) obtained a corporate purchase loan from the Industrial Bank of Korea (hereinafter “Industrial Bank”), and Defendant B is the representative director of Defendant A.

In addition, Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that has traded goods with Defendant C, and Defendant D is the representative director of Defendant C.

B. In relation to the instant case, the details of Defendant A’s loan for purchase fund are as follows:

(2) On May 21, 2008, Defendant A and Defendant C applied for a corporate purchase loan of KRW 61,050,000 issued by Defendant C on April 7, 2008, pursuant to the tax invoice of KRW 61,050,000 issued by Defendant C on May 7, 2008. The bank deposited KRW 55,000,000 on May 7, 2008 to Defendant C; Defendant C transferred KRW 55,000,000 on the same day to Defendant A again to Defendant C on May 21, 2008; Defendant C transferred KRW 12,210,000 on May 9, 208; Defendant C transferred KRW 10,000 on the basis of the tax invoice of KRW 10,00,00 to Nonparty C on May 21, 208.

3) On May 29, 2008, Defendant A applied for a corporate purchase loan of KRW 48,840,000 issued by Defendant C on May 25, 2008, pursuant to the tax invoice of KRW 48,840,00, and the bank deposited KRW 48,840,000 on May 29, 2008 to Defendant C, and Defendant C wired KRW 33,080,50 out of the amount on June 12, 2008 to Defendant A again. Defendant A and Defendant C did not file a value-added tax return with the competent tax office on the instant transaction. Defendant A and Defendant C failed to repay the corporate purchase loan of KRW 48,840,00 from July 1, 2008 (the closure of business on July 30, 2008, and the Plaintiff deposited the business purchase loan of Nonparty C on October 31, 208.