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(영문) 서울중앙지방법원 2017.08.22 2016가합522387
손해배상(기)
Text

1. Defendant B’s KRW 572,780,404 as well as 5% per annum from April 25, 2008 to November 10, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.

Defendant A is the representative director of Plaintiff D (hereinafter “D”) and Defendant B is the representative director of Plaintiff E (hereinafter “E”), and Defendant C operated the computer and software retail business with the trade name of “F”.

B. The Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds 1) with D around 2007, and D Co., Ltd. (hereinafter “G bank”).

(2) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) is to provide a credit guarantee agreement for the debt of corporate purchase funds to be loaned from a bill of exchange in the form of a bill of exchange (the bill of exchange is issued by the purchasing company, and the selling company makes a payment

(2) D) concluded a loan agreement with G Bank to provide credit guarantee under the instant credit guarantee agreement as collateral and enter into a loan agreement with G Bank for corporate purchase.

C. D’s implementation of a loan for corporate purchase fund was submitted six times from October 8, 2007 to October 15, 2007, with a tax invoice that D traded goods with E and F, and received from G bank a loan for corporate purchase fund amounting to KRW 950 million in total (hereinafter “instant loan”).

The amount of a temporary sales business entity shall be KRW 450 million on October 8, 2007, KRW 50 million on October 8, 2007, KRW 300 million on E 450 million on October 8, 2007, KRW 450 million on October 15, 2007, KRW 40 million on October 15, 2007, KRW 50 million on E 110 million on October 15, 2007, KRW 50 million on October 12, 2007, KRW 50 million on October 14, 2007, KRW 60 million on October 15, 2007, KRW 950 million on October 15, 2007.

D. As a credit guarantee accident occurred because D, such as the occurrence of a credit guarantee accident and subrogation, did not pay the principal and interest of the loan of this case, the Plaintiff is a credit guarantee agent under the credit guarantee agreement of this case, and the principal of the loan is KRW 560 million in relation to the transaction between E and D.

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