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(영문) 서울서부지방법원 2017.06.14 2016가합31787
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant A was the representative director of B Co., Ltd. (which was deemed to have been terminated on December 5, 2014; hereinafter referred to as “Co., Ltd.”), and C is the representative director of D.

B. On April 29, 2005, the Plaintiff entered into a credit guarantee agreement by setting the credit guarantee amount of KRW 1,275,00,000 (85% Plaintiff’s guarantee rate of KRW 80%) to obtain a credit guarantee loan of KRW 1,50,000 from a single bank. However, according to the credit guarantee agreement on April 29, 2005, the Plaintiff entered into a credit guarantee agreement by setting the credit guarantee rate of KRW 1,50,000,00 for the purchase loan amount of KRW 1,275,000,00 for the guaranteed amount of KRW 1,50,000 and KRW 1,275,000 for the guaranteed amount of KRW 1,275,00 for the guaranteed amount of KRW 85%.) and on April 28, 2007 for the credit guarantee period.

C. 1) B entered into a credit transaction agreement with one bank at the time of the conclusion of the credit guarantee agreement, and the said credit transaction agreement is in the structure in which a purchasing enterprise files an application for a loan, along with a tax invoice issued by a selling enterprise, to pay a purchase loan to the designated account of a selling enterprise after the formal examination. 2) B applied for a purchase fund loan along with the tax invoice issued by D (hereinafter “instant tax invoice”) on March 27, 2006.

On February 3, 2006, 1,000, the date of issue of 1,000,000 of the value of the temporary materials in the name of B representative supplier D, and accordingly, on March 27, 2006, 1,000, Han Bank remitted the total amount of the purchase fund to the account under the name of D, and D immediately remitted it to the account under the name of SB Savings Bank. On the other hand, D reported 35,583,000 won to the tax authority from January 1, 2006 to June 30, 206.

On August 31, 2006, the Plaintiff, such as subrogation, on behalf of Han Bank, shall pay the principal of and interest on the above purchase fund in lieu of B on August 31, 2006.

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