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(영문) 서울중앙지방법원 2016.05.03 2015가단5124074
구상금
Text

1. Defendant A and B jointly share KRW 864,750,506 with respect to the Plaintiff and the Defendant from February 15, 2011.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are companies engaged in the manufacture, design, retail, etc. of security surveillance equipment. Defendant B is the representative of Defendant A, and Defendant D is the representative of Defendant C.

B. On March 4, 2010, the Plaintiff entered into a credit guarantee agreement with Defendant A on a corporate purchase loan amounting to KRW 950,000,000,000,000, and Defendant A received goods from the Plaintiff pursuant to the credit guarantee agreement issued by the Plaintiff, and Defendant A entered into a company purchase loan agreement with the content that, upon submitting a tax invoice of a sales company’s issuance that can prove the fact of transaction through the B2B website operated by the Non-Investment Trust Co., Ltd. in the Electronic Commerce Brokerage Co., Ltd., the Plaintiff would lend the relevant transaction amount to the extent agreed in advance by the national bank and pay it directly to the sales company.

C. On March 9, 2010, Defendant A, using the above B2B website, had no fact that Defendant A purchased goods from Defendant C, entered false details of transactions as if Defendant A purchased DVBD equivalent to KRW 420 million from Defendant C, and applied for a loan of corporate purchase funds to the National Bank. On August 5, 2010, Defendant A entered false details of transactions and applied for a loan of corporate purchase funds equivalent to KRW 300 million from Defendant C to the National Bank. On August 6, 2010, Defendant A applied for a loan of corporate purchase funds equivalent to KRW 280,000,000,000 from Defendant C, and applied for the purchase of the above funds to the National Bank.

Defendant B’s loan from the National Bank to the account of Defendant C on March 9, 2010, August 5, 2010, and August 6, 2010.

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