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(영문) 서울서부지방법원 2015.10.28 2014가합40626
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant A’s KRW 297,232,706 and KRW 64,807,767 among them, Defendant A shall be from November 20, 2012 to 19,197.

Reasons

1. Basic facts

A. The term “H” (hereinafter “H”) that Defendant A served as a representative director means an electronic commerce transaction conducted between the company and the company, as the abbreviation of business to conduct business to conduct B2B busi after H is supplied with goods.

When submitting a tax invoice for issuance of a sales company that can prove the facts of transactions through the website, the bank extended a corresponding amount of the transaction amount to the extent agreed in advance, and entered into a contract for corporate purchase loan to pay it directly to the sales company. The plaintiff provided a credit guarantee for H's loans.

B. H was granted a loan by submitting a tax invoice issued on September 21, 2012 through the B2B website by Defendant B, who operated the enterprise with the trade name of “I”, to one bank and submitting the same amount of money to the Han Bank. The “date of loan” as indicated in the “date of loan” as indicated in the “date of loan” as indicated in the separate sheet of loan and subrogation payment (hereinafter “the separate sheet”) to the Defendants and the J (company operated by Defendant A separate from H) by submitting the relevant amount of money as stated in the “loan amount” to one bank.

C. When H loses the benefit of time for the above loan, the Plaintiff made a payment by subrogation to the Bank in total KRW 297,237,706 on the relevant date indicated in the “date of subrogated performance” column in attached Table 1 to the Bank.

[Reasons for Recognition] Unsatisfy, Gap 1 through 18, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The following circumstances, i.e., at the time each of the above facts and the items described in Gap 3-1 through 17-2 and the entire purport of the arguments as a result of the Han Bank Business Support Center’s extension of financial transaction information, were not carried out at the time of each of the loans listed in the attached Table.

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