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(영문) 서울서부지방법원 2017.06.09 2016가단209545
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. Facts of recognition;

A. The Ministry of National Defense ordered the Hoho Construction in 2012, which was awarded a subcontract for the landscaped construction part of the above construction to the limited company D, and D again ordered a sub-subcontract to the defendant A corporation, and the defendant B was the representative director of the defendant corporation at the time.

B. On August 20, 2012 and September 7, 2012, Defendant Company entered into a contract for the supply of landscaping pines necessary for the foregoing landscaping work with D and D.

C. On March 13, 2009, the Plaintiff entered into a credit guarantee agreement with D as to 90% of the corporate purchase financing loans that the company received from a national bank.

C. D issued a tax invoice for the aforementioned two supply contracts, and received a total of KRW 150 million from the National Bank on September 10, 2012, and paid KRW 180 million on November 15, 2012 and KRW 482 million to the representative director E of a limited liability company.

The Defendant Company attempted to supply landscaping pine trees on several occasions, such as Ministry of National Defense and Geumho Construction G, which are ordering places, but failed to satisfy the conditions of pine trees in the ordering places, and issued (-) tax invoices following the cancellation of sales cancellation on November 15, 2012.

E. The gold Construction completed the settlement with D has already occurred due to the default of D.

F. On March 28, 2013, the Plaintiff subrogated the payment of KRW 135 million to the National Bank of Korea, which provided credit guarantee to D.

[Reasons for Recognition] Unsatisfy, Witness H and Eul evidence 2-1, 2, the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that the Defendant Company, in collusion with D, issued a false tax invoice in which no actual sales occurred, deceiving a national bank to obtain a loan for corporate purchase, and did not repay it, thereby causing damages to the amount stated in the claim as a credit guarantee agent D, and thus, the Plaintiff is liable for compensation for tort jointly with Defendant B, the representative director at the time.

3. However, the Plaintiff Company and Defendant B D.

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