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(영문) 서울고등법원 2017.11.15 2017나2015070
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

The reasons for this part are as follows, and this part of this Court's reasoning is accepted by the main sentence of Article 420 of the Civil Procedure Act, because it is identical to the corresponding part of the judgment of the first instance except for dismissal or addition as follows:

In the second page of the judgment of the first instance court, the phrase "(s)" was added to "the credit guarantee agreement of this case" (hereinafter referred to as "the instant credit guarantee agreement").

In Part 2 of the judgment of the first instance court, the term “corporate bank” (hereinafter referred to as “instant bank”) shall be added to the following in Part 16 of the judgment of the second instance.

In Part 3 of the judgment of the first instance court, the "Defendant Company" shall add "inform tax invoice information" to the following:

In Part 3 of the judgment of the first instance court, “A” (hereinafter referred to as “the instant loans”) was received in Part 9 and added to “the instant loans for corporate purchase” and “the instant loans for corporate purchase”.

The following shall be added between Chapters 4, 22 and 23 of the decision of the first instance:

4) The Plaintiff, as the instant company did not repay its loan including the instant corporate purchase fund loan, caused a credit guarantee accident. On March 31, 2010, the Plaintiff paid by subrogation to the new bank KRW 245,719,696, including the instant corporate purchase fund loan, and KRW 1,283,874,542, respectively.

Part 4 of the first instance court's decision No. 23 shall include the number of each 15 evidence "B" including the number of each 2,15; hereinafter the same shall apply.

As "A witness", "a witness" shall be deemed "a witness of the first instance court".

Plaintiff’s assertion

Defendant B, the representative director of the Defendant Company, conspired with the instant company, thereby deceiving the instant bank by means of falsely preparing and presenting the tax invoice even though the Defendant Company did not actually supply the goods, or aiding and abetting the act of defrauding the instant company’s funds by deceiving the said bank.

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