logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.01.12 2015가단238097
손해배상(기)
Text

1. Defendant C’s KRW 80,000,000 per annum for the Plaintiff and 5% per annum from February 27, 2009 to December 1, 2015.

Reasons

1. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(However, only part against Defendant C). (b)

Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

2. Determination as to the claim against Defendant A and Defendant B

A. Basic facts 1) On April 29, 2005, the Plaintiff is a non-party D Co., Ltd. (hereinafter “non-party D”) company.

(2) At the time of the non-party company, the defendant C, a representative director of the non-party company, applied for a corporate purchase financing loan to a corporate bank in order to pay for the purchase price of the goods using the corporate purchase financing scheme on January 31, 2008, which was issued by the plaintiff, and in the process, the defendant A (hereinafter "the defendant company") supplied the non-party company with the goods of KRW 168,025,000 in the name of the defendant corporation A (hereinafter "the defendant company") as of January 10, 2008, the tax invoice issued by the defendant company as of January 10, 2008 (hereinafter "the tax invoice of this case") and the request for the collection of sale price was submitted to the corporate bank.

3) On the basis of the instant tax invoice, a corporate bank shall provide loans of KRW 100,000,000 to the non-party company (hereinafter “instant loans”).

(4) In accordance with a credit guarantee agreement, the Plaintiff paid 80,000,000 won to an enterprise bank, which corresponds to the guarantee limit, out of the principal and interest of the guaranteed bonds, on February 27, 2009.

[Ground of recognition] Facts without dispute, entry of evidence A2, 3, and 4, the whole purport of the pleading

B. The plaintiff asserted the non-party company and the defendant company, the representative director of the defendant company, and the non-party company at the time.

arrow