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(영문) 서울남부지방법원 2020.10.08 2019가합110866
손해배상(기)
Text

1. Defendant A’s KRW 1,379,791,920 for the Plaintiff and 5% per annum from November 21, 2013 to September 21, 2019.

Reasons

1. Basic facts

A. Defendant A is a person who was the representative director of E Co., Ltd. (hereinafter “Nonindicted Company”) ordered to be dissolved on December 3, 2018.

Defendant C is the representative of Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) who carries on the business of manufacturing and distributing electrical and electronic parts.

Defendant D is a person who engages in the distribution of electrical and electronic parts under the trade name of F.

B. On April 26, 2013, the Plaintiff entered into a credit guarantee agreement with the non-party company, and issued a credit guarantee agreement with the non-party company (hereinafter “the instant credit guarantee agreement”) to the non-party company as of April 25, 2014, for the amount of KRW 1.487.5 billion, equivalent to the estimated amount of the corporate purchase loan that the non-party company received from the G bank, 1.75 billion out of the estimated amount of the loan 1.75 billion that the non-party company received from the G bank, with the maturity of 8.5 billion won (hereinafter “this case”).

C. Defendant D, B, and Non-Party Company 1) B’s circular transaction before and after the conclusion of the instant credit guarantee agreement, Defendant D is one of the non-party I and five (hereinafter “instant goods”).

(2) Defendant B sold the e-commerce to Defendant B, and Defendant B sold it again to Defendant D. In particular, Defendant B entered into an electronic commerce contract to sell the instant goods equivalent to the relevant transaction amount on the next day, and issued a tax invoice on the same day. G Bank transferred KRW 1,623,272,848 out of the relevant transaction amount to Defendant B’s account as a loan for corporate purchase funds.

(hereinafter “instant loan”). The amount of loan extended on March 5, 2013 on the date of concluding a contract shall be KRW 312,278,630 on April 1, 2013; KRW 232,340,688 on April 1, 2013; KRW 333,609,408 on April 33, 2013; KRW 600,600 on April 5, 2013; KRW 260,259,912 on April 30, 2013; KRW 30,70,000 on April 30, 2013; KRW 37,00,000 on KRW 137,00 on May 9, 2019; KRW 18,630,630 on June 30, 2013; and KRW 18,630,630,630,681.

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