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(영문) 수원지방법원성남지원 2016.10.05 2015가합205402

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 entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) in obtaining a corporate purchase financing loan from the National Bank Co., Ltd. (hereinafter “National Bank”), as indicated below.

on September 26, 2006, a joint and several surety of the Guarantee Date Guarantee Bank Co., Ltd. (D, E, F, and Defendant B, a National Bank Bank Co., Ltd., Ltd. 1, 260,000,000 on September 25, 2009, September 26, 2006, which is a joint and several surety of the original Loan Bank.

(b) A financial institution’s financing loan to a debtor in business purchases goods from a customer and issues and delivers a bill of exchange in which the payer pays the goods to a financial institution at the same time as the buyer of the goods purchases the goods from the customer, the customer shall present the said bill of exchange to a financial institution, and the financial institution shall inform the debtor of the presentment of the payment of the bill of exchange and pay the bill of exchange to the customer upon approval.

C. Defendant C, who registered his business under the trade name G, was the business partner of Defendant A, and Defendant B is the representative director of Defendant A.

Defendant C issued each tax invoice as listed in the following table, and received a bill of exchange with the amount corresponding to each corresponding amount from Defendant A as a bill of exchange from Defendant A, and received the amount from Defendant A, a national bank, a lending institution for corporate purchase funds.

Serial 39,500 on December 3, 2007, 28. 28,000,000 on December 28, 2007, 200 on the issue date of tax invoices, the amount of loans of 0. 8. 35,000 on April 11, 2008; 1. 35,000 on April 35, 2008; 1. 8. 35,000 on April 15, 2008; 1. 1. 8,000 on May 8, 200, 200, 200 on May 25, 2000, 200 on May 13, 2008; 200, 1. 8,000 on June 15, 2008;