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(영문) 대전지방법원 2015.06.11 2013가합105698
손해배상(기)
Text

1. The Defendants each of the KRW 100,000,000 to the Plaintiff, and Defendant B Co., Ltd. with respect thereto from January 23, 2014, and Defendant C.

Reasons

1. Basic facts

A. The status of the parties is a corporation that engages in the business of selling and manufacturing steel, steel, steel, steel products, and building materials. Defendant B (hereinafter “Defendant B”) is a corporation that engages in steel and steel retail business, etc., and Defendant C corporation (hereinafter “Defendant C”) is a corporation that engages in steel products wholesale and steel retail business, etc.; and Defendant C corporation (hereinafter “Defendant C”) is a corporation that engages in steel products wholesale and retail business, steel products manufacturing business, steel products storage and lease business, etc.

B. The Plaintiff’s default on the supply of steel materials to D Co., Ltd. (hereinafter “D”) and D’s default on the payment of steel materials continued to supply D with steel materials continuously from around the second half of 2008 to November 201, 201, and received nine promissory notes from D as the price for supplying steel materials. Of the said promissory notes, the payment date of which was December 31, 2010 began to be refused, and finally D returned on January 3, 201.

C. On August 2, 2010, E, a de facto operator of E’s fraudulent act D, who had not been able to pay steel products even if steel products were supplied by the Plaintiff on the grounds of the financing shortage, deceiving the representative director of the Plaintiff’s company as if he would be able to pay steel products, and its affiliates were 26 times in total from August 3, 2010 to December 10, 2010 and acquired by taking over the H beam beam amounting to KRW 2,478,736,841, a total amount of 26 times in total, and was indicted for a violation of the punishment rate under the Aggravated Punishment, etc. of Specific Economic Crimes Act (Fraud) and was sentenced on June 21, 2012 at the Daejeon High Court (Cheongju District Court) sentenced three years to suspended execution, five years in total, five years in total, and the above judgment became final and conclusive on June 29, 2012.

[Ground for Recognition] Defendant B: The fact that there is no dispute over the defendant C: The fact that there is no significant fact in this court, Gap evidence 1-1, 3, 4, 2-1 through 9, Gap evidence 3-1, 3-2, and 2, and the purport of the whole pleadings

2. Defendant B

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