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(영문) 서울고등법원 2016.09.13 2016나2004684
손해배상 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff’s claims against Defendant C and D were expanded by this court.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) between F and F Co., Ltd. (hereinafter “F”), as indicated below, in obtaining a corporate purchase loan from the Industrial Bank of Korea (hereinafter “Corporate Bank”).

On April 22, 2003, a joint and several surety of the original loan bank for the term of guarantee (the guaranteed amount) on the date of guarantee (the term of guarantee) shall be 752,00,000 on April 21, 2009, 940,000,000 enterprise banks G, H, I, and J on December 8, 2004, G, H, I, and J on December 15, 2009, 630,000,000,000 on August 22, 2006, 200,000,000,935,0000,000,000,0000,000,000 on August 29, 200, 200, 2008; and

(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.

Serial 45,00,00 on July 17, 2008 30, 30,797,840, 200 on January 34, 2008, 672,600, 600 on February 27, 2008, 18.30,000 on July 30, 200 on July 30, 2008; 30,003, 40,998, 240 on July 30, 208; 40,000,000,000,000 on September 30, 200, 300, 300, 50,50, 347, 208, 2008; and

C. Defendant B was the representative director of Defendant A, who is the customer of F.

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

The issue amount of tax invoices issued by sequences shall be loaned.

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