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(영문) 수원지방법원 안산지원 2018.12.18 2017가단53555
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,477,848,367 and KRW 1,470,00,00 among them.

Reasons

1. Facts of recognition;

A. D is an internal director (representative) of a stock company E and a representative director of F, a stock company engaging in livestock product distribution business, etc.

G is the inside director (representative) of H Co., Ltd. engaging in wholesale and retail business of agricultural and livestock products, and I is the inside director (representative) of J Co., Ltd. engaging in wholesale and retail business of agricultural and livestock products.

D, G, and I, together with the above companies, operated K, stock company L, M, and N Co., Ltd. (hereinafter collectively referred to as “E-affiliated borrower”) in practice, which also engages in the wholesale and retail export-import business of agricultural and fishery products.

B. D, while operating an E-affiliated company from around 2012, was unable to repay the existing land-backed loans, D obtained land-based loans from financial institutions by means of evaluating the completion of the collateral offered to financial institutions as normal collateral, by acquiring a loan limit from financial institutions due to the method of pretending that there was no actual land-to-sale transaction from around September 2014 to March 2015, even if there was no real land-to-sale transaction through so-called "self-transmission transaction", and establishing P, a company operating a loan brokerage business in its name, etc., and then acquiring the land-to-be loans from financial institutions.

C. Around February 2016, D taken over Q Co., Ltd., which is engaged in uera and freezing and freezing warehouse business, and then provided multiple kinds of land stored in the warehouse of the said company (hereinafter “instant warehouse”) to a financial institution by deceiving a financial institution, thereby obtaining a loan in the name of the E-affiliated borrower company, and borrowed the name of the borrower from another company that is engaged in livestock products distribution business, etc. to avoid the lending limit.

D The defendant B et al.

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