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(영문) 서울서부지방법원 2018.12.12 2017가단225445
손해배상(기)
Text

1. Defendant B and C jointly share KRW 115,200,000 to the Plaintiff, as well as the Plaintiff’s share, from November 25, 2009 to August 9, 2017.

Reasons

1. Claim against Defendant B and C

A. The indication of claim: Defendant B (hereinafter “Defendant B”), in collusion with Defendant D Co., Ltd., obtained the total amount of KRW 144 million from F (hereinafter “F”) from March 19, 2009 to July 8, 2009, by deceiving the Plaintiff, who guaranteed the payment of the above loan on November 25, 2009, by causing the Plaintiff to pay for the said loan amount of KRW 115.2 million (=140 million x KRW 80%) on behalf of F, by making it possible to make a false tax invoice on behalf of F without any actual transaction.

As a tort, Defendant C, the representative director of the above Defendant C, at the time, is jointly liable to pay damages to the Plaintiff KRW 115.2 million and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act since November 25, 2009, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full payment.

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant D and E

A. Basic facts 1) On May 21, 2007, Defendant B entered into a credit guarantee agreement with F under the terms of the instant credit guarantee agreement. The credit guarantee principal of the said credit guarantee agreement is KRW 1.36 billion (a loan amount of KRW 1.7 billion, KRW 80%) and the guarantee period is from May 21, 2007 to May 21, 2008. The payment date of the No. 130,000 won on March 18, 2009, KRW 60,000 on April 17, 2009, KRW 600,000 on April 29, 2005, KRW 300,000,000 on April 17, 2009, KRW 300,500,000 on April 29, 2009.

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