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Reasons
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(영문) 수원지방법원 2017.05.18 2016가합70969
손해배상(기)
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1. Defendant B and D jointly share KRW 297,00,000 to the Plaintiff and Defendant D with respect thereto from February 5, 2016.

Reasons

1. Facts of recognition;

A. On February 14, 2015, Defendant D offered to Defendant B that “I would obtain a discount on the bill issued by the Plaintiff on March 15, 2015 in order to raise funds through the discount on the bill, and that I would like to obtain a discount on the bill by financing an electronic bill if I would have to obtain a successful bid on the fishery product processing plant. I would like to register Defendant B as a director on behalf of the Plaintiff and pay the bill in accordance with the circumstances.” Defendant B accepted this. 2) The vice president of the Plaintiff, the vice president of the Plaintiff, was introduced by the Plaintiff around March 14, 2015, and requested the Defendant B to grant a discount on the bill issued by the Plaintiff on March 15, 2015 following the date.

3) Meanwhile, Defendant D requested Defendant C to discount the issue of the Plaintiff’s bill delivered by Defendant C, and Defendant C again requested Defendant C to discount the bill. 4) On March 15, 2015, Defendant B prepared and issued a loan certificate of an electronic bill borrowed by Defendant B to the Plaintiff as the borrower. The major contents are as follows: (a) the issuer of the electronic bill as “Plaintiff”; (b) the issue amount of the electronic bill as “462,00,000 won” and “385,00,000,000 won”; and (c) the recipient of the electronic bill as “F name G”; and (d) the terms and conditions of financing are as “the issuer and the payee use the electronic bill at a rate of 50% of the amount procured” and “the funds used shall be redeemed at a rate of 7 days before maturity.”

B. The Plaintiff’s issuance and discount 1) On March 16, 2015, the Plaintiff issued a bill number H, issue amount 462,00,000,000, and one electronic bill with G with the name of the payee’s representative on July 4, 2015 (hereinafter “instant bill 1”).

(1) In addition, the number I, issue amount I, KRW 385,00,00, and KRW 200 on June 24, 2015, and one electronic bill with the name of the payee G (hereinafter “instant bill”). The total sum of the instant bills Nos. 1 and 2 is “each of the instant bills”.

2) G issued each of the instant facts through the Gyeongnam Bank on March 20, 2015.

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