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(영문) 의정부지방법원고양지원 2017.12.22 2017가합71553
손해배상(기)
Text

1. The Plaintiff, the Defendant Company A and B jointly share KRW 938,497,50, and the Defendant Company A and the Defendant Company C jointly.

Reasons

1. Basic facts

A. The status of the party is a juristic person established under the Credit Guarantee Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing, and by establishing a sound credit order through efficient management and operation of credit information.

Defendant A (hereinafter “Defendant A”) was dissolved on December 5, 2016 due to the failure to report that the business was not yet discontinued in accordance with the court’s notice even after five years have elapsed since the last registration of the corporate register as a company engaging in wholesale and retail business of chemical drugs. Defendant B was a representative director of Defendant A, and the said company was dissolved and became a representative liquidator.

Defendant C (hereinafter “Defendant C”) was dissolved on December 5, 2016 due to the same reasons as Defendant A, a company engaged in the manufacturing of paints and chemical medicine.

The representative director F of Defendant C was the father of Defendant B, and died on or around December 14, 2016, and this court appointed Defendant D as a special agent of Defendant C on July 12, 2017 upon the Plaintiff’s request.

(J) Defendant E Co., Ltd. (hereinafter “Defendant E”) is a company that runs the wholesale and retail business of petrochemicals, etc., and Defendant D is a representative director of Defendant E.

(b) In the event that a purchasing enterprise purchases goods, etc. from a delivery enterprise in order to reduce the use of a bill in connection with the settlement of goods for commercial transactions between the enterprises in accordance with the Government’s measures to improve the system of bills, the purchasing enterprise shall pay the sales proceeds to the delivery enterprise on the basis of the tax invoice and other transaction supporting documents, and the purchasing enterprise shall repay the proceeds to the financial institution after a certain period of time.

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