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(영문) 서울서부지방법원 2015.12.02 2014가합40794
손해배상(기)
Text

1. Defendant A, B, D, and F Co., Ltd.: (a) KRW 28 million to each of the Plaintiff; and (b) September 18, 2008, respectively.

Reasons

1. Basic facts

A. Defendant F, a representative director of the Korea Exchange Bank, was employed and operated by Defendant D, submitted a tax invoice issued by a seller to prove the facts of transaction after Defendant F was supplied with goods or services, and when the seller issued a bill of exchange whose payer is Defendant F and requested collection by issuing it, the Korea Exchange Bank entered into an enterprise purchase loan agreement with the intent to directly pay the relevant transaction amount to the seller within the limit agreed in advance, and the Plaintiff provided credit guarantee obligations of Defendant F.

B. On March 31, 2008, Defendant F issued a tax invoice of KRW 350 million from Defendant A, who served as the representative director, and operated by Defendant B as the representative director, and submitted it to Korea Exchange Bank, and made Defendant A request for collection, and received loans from the same amount around that time.

C. On December 20, 2007, Defendant F received a tax invoice of KRW 44 million from Defendant E (the trade name at this time, G, representative director, H) and submitted it to Korea Exchange Bank, and requested Defendant E to collect the tax amount of KRW 39 million at that time, and thereafter, Defendant C borrowed the amount of KRW 39 million at that time. On March 10, 2008, after Defendant C assumed office as representative director, Defendant E issued a tax invoice of KRW 33 million from Defendant E and submitted it to Korea Exchange Bank, and then Defendant E received a request for collection, and then Defendant E received a loan of KRW 300 million at that time.

[Reasons for Recognition] Facts without dispute (applicable only to Defendant A and B), Gap 1, 2, 3, 8 through 12, and the purport of the whole pleadings

2. The following facts revealed from the facts of recognition as to claims related to loans based on the tax invoice issued by Defendant A, and the facts acknowledged by adding the whole purport of the pleadings to each of the statements described in Gap 4 to 7, Eul 1, and Eul 2, namely, the construction of the I building from Defendant F when interesting is conducted.

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