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(영문) 수원지방법원성남지원 2017.06.14 2016가단209442
손해배상(기)
Text

1. The Defendants are 107,629,916 won to each Plaintiff and 5% per annum from May 15, 2007 to May 24, 2016.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) between the Plaintiff and a new bank (hereinafter “new bank”) under a credit guarantee agreement, and upon the receipt of goods and submission of a tax invoice for issuance by a seller, which can prove the fact of transaction after being supplied with the goods by C, the new bank entered into a contract for corporate purchase loan to lend an amount equivalent to the relevant transaction amount to the extent agreed in advance.

B. The Defendant A Co., Ltd. (hereinafter “Defendant A”) issued each of the following: (a) filed a tax invoice of KRW 75,922,00 on April 17, 2006; (b) and KRW 58,615,396 on April 25, 200; and (c) obtained a loan from a new bank; and (d) obtained a loan from a new bank, and the Defendant Company received each payment of KRW 75,922,00 on April 27, 200 and KRW 58,615,396 on April 28, 206.

(hereinafter “instant loan”). The Defendant Company remitted KRW 75,922,00 and KRW 58,515,396 to C on the day of the above receipt.

C. Thereafter, on February 6, 2007, C caused a credit guarantee accident, such as default of loans, etc., and the plaintiff is the same year.

5. 15. The 449,242,995 won, including the instant loan, was subrogated to the new bank.

[Ground of recognition] Unsatisfy, Gap evidence 1-1-6-3, Eul evidence 1-1-2, Eul evidence 1-1 and 2-2, and each of the response orders to submit financial transactions to the Nonghyup Bank and the National Bank, the purport of the whole pleadings

2. The plaintiff's assertion

A. C, its representative director D, and the Defendants conspired to acquire loans under a corporate purchase financing loan agreement, and the Defendants issued a false tax invoice as if they were to supply products without real transaction, and C, by deceiving a new bank by submitting the aforementioned false tax invoice to a new bank, thereby deceiving the loans of this case.

B. The Plaintiff is equivalent to 80% of the credit guarantee ratio out of the instant loans to the new bank due to the above tort committed by C, D, and the Defendants.

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