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(영문) 서울서부지방법원 2016.12.22 2016가합30616
손해배상(기)
Text

Defendant A, D, and E jointly share KRW 142,190,476 with respect to the Plaintiff, and their years from July 15, 2010 to February 3, 2016.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in Gap evidence 1 to 5 (including serial numbers; hereinafter the same shall apply), together with the whole purport of the pleadings, unless special reference is given. (a)

The Defendant A, the representative director of the F Co., Ltd. (hereinafter “F”), entered into an enterprise purchase loan agreement with the Nonparty A bank with the content of the transaction and the tax invoice for the issuance of the sales company after the F is supplied with the goods, which is submitted to the Company through the website after obtaining approval from the sales company, with the content that the F will lend the amount equivalent to the transaction amount to F within the limit agreed in advance and pay the loan directly to the account of the sales company.

On the other hand, around April 9, 2009, the Plaintiff provided a credit guarantee for F’s debt to 95% of the guaranteed rate.

B. On January 8, 2010, Defendant A prepared an electronic commerce contract to the effect that Defendant D and E, who operated the business, was supplied with 210,000,000 won from Defendant D and E, and submitted it to Defendant D and E with the approval of Defendant D and E. On the same day, Defendant A loaned the amount of KRW 210,00,000 by depositing the said amount into the account in the name of the said G.

(hereinafter “instant 210,000,000”) C.

On January 12, 2010, Defendant A prepared an electronic commerce contract with the purport that Defendant C was supplied with stones equivalent to KRW 65,000,000 from Defendant B Co., Ltd. (hereinafter “Defendant B”), the representative director, and submitted it to a corporate bank with the approval of Defendant B, and the corporate bank deposited the above KRW 65,000,000 on the same day into the account under the name of Defendant B, thereby lending that amount.

(hereinafter “instant 65,00,000”) D.

The Plaintiff, around April 8, 2010, lost the interest of the due date for each of the above corporate purchase loans, and the Plaintiff claims for the discharge of the guaranteed obligations by a corporate bank.

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