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(영문) 서울중앙지방법원 2017.10.19 2016가단5095142

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 25, 2003, the Plaintiff issued to C (mutual name: D) a credit guarantee letter that guarantees 85% of the loans for corporate purchase to the Industrial Bank of Korea.

C submitted a credit guarantee agreement with the Industrial Bank of Korea at that time, and concluded a loan for corporate purchase.

B. C borrowed KRW 68,500,000 from the Industrial Bank of Korea on June 15, 2005 to September 30, 2005, in the name of the Defendant A Co., Ltd. (hereinafter “Defendant”) (hereinafter “Defendant Co., Ltd.”), as shown in the separate sheet, as shown in the separate sheet.

(hereinafter “each of the instant loans”). Each of the instant loans was deposited directly from the Industrial Bank of Korea to the Defendant Company’s bank account in the name of D.

C. C did not repay each of the loans of this case to the Industrial Bank of Korea on July 14, 2006, and the Plaintiff subrogated to the Industrial Bank of Korea for 36,375,110 won [67,697,332 wonx guarantee ratio of 85% = 63% among x joint and several guarantors (Technology Credit Guarantee Fund)] of each of the loans of this case.

Defendant B is the representative director of the Defendant Company at the time of each of the instant loans.

The E Co., Ltd. (the representative C, hereinafter referred to as “E”) is a corporation that runs the wholesale and retail business of digital small and medium businesses, and D was operated by C at the time of each of the instant loans to the wholesale and retail business of digital and medium businesses.

[Evidence Evidence] Facts without dispute, Gap 1 through 5, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff C, by deceiving the Industrial Bank of Korea as a false tax invoice of this case, acquired each of the loans of this case.

The Defendants, by preparing and issuing a false tax invoice of this case, offered or participated in each of the loans of this case in C.

B. The Defendants primarily forged each of the instant tax invoices, and the Defendants did not subscribe to or participate in each of the instant loans.

Preliminaryly, the plaintiff.