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(영문) 수원지방법원 2017.06.14 2015가단124114
손해배상(기)
Text

1. Defendant B’s KRW 120,633,157 as well as 5% per annum from March 22, 2011 to August 26, 2016.

Reasons

1. Facts of recognition;

A. On October 7, 2008, Co., Ltd. (hereinafter referred to as “C”) entered into a credit guarantee agreement with the Plaintiff and was issued a credit guarantee agreement set forth in the loan amount of KRW 350,000,000 and KRW 85%.

B. C concluded a loan agreement with the Industrial Bank of Korea for corporate purchase, and submitted the said credit guarantee agreement.

C. Defendant A, the representative director of Defendant C, made a formal examination by using the following: (a) Defendant A, who was the representative director of the C, applied for a business registration of D with the sale of wire radio communication equipment in the name of Defendant B, the wife of Defendant A, as the business purpose of selling wire communication equipment; and (b) Defendant A applied for a business registration of D with the payment of the purchase fund to D, with the payment of the purchase fund to D, for the purpose of operating funds and living expenses of C, by failing to depend only on the letter of guarantee issued by the Korea Credit Guarantee Fund and the tax invoice issued by the seller of the financial institution; and (c) around April 10, 2010, Defendant A, the representative director of the C, applied for a business registration of D with the intention of selling wire communications equipment in the name of Defendant B, the wife of

Accordingly, around April 26, 2010, Defendant A issued a false tax invoice by pretending D to sell 10,000 won via an Internet phone to C, and then printed out a bill of exchange and tax invoice issued by C with the content of issuing the said electronic tax invoice by accessing the loan website for corporate purchase funds, printing out the bill of exchange and tax invoice with the same amount, and immediately requested the employees in charge at the Industrial Bank of Korea's stores to provide the above tax invoice and bill of exchange and request for collection of the claim for goods purchase funds. From April 26, 2010 to September 26, 2010, Defendant A applied for loans for corporate purchase funds from the Industrial Bank of Korea to the Industrial Bank in the name of Defendant B, including remittance of KRW 1,500,000 from April 26, 2010 to September 1, 2010.

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