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(영문) 인천지방법원부천지원 2017.09.06 2016가합102596 (1)
손해배상(기)
Text

1. The Defendants: (a) KRW 212,00,000 for each Plaintiff and 5% per annum from August 3, 2016 to May 24, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the obligation of an enterprise with weak collateral capacity. 2) Defendant A is a representative director of a corporation D for the purpose of steel manufacturing and wholesale retail business. Defendant C is a representative director of Defendant B (hereinafter “Defendant B”) for the purpose of steel distribution business, etc.

B. The credit guarantee agreement and B2B loan agreement were concluded between Defendant A and the Plaintiff on behalf of Company D, and Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on April 13, 2012, with the amount of 47,500,000 won guaranteed on April 13, 2012, and the credit guarantee agreement between 212,00,000 won guaranteed on March 24, 2016, and entered into a credit guarantee agreement with an enterprise bank based on the above credit guarantee agreement. 2) Meanwhile, Defendant A and Defendant C, on behalf of Company D, entered into an agreement with the enterprise bank on behalf of Defendant B to use the loan for corporate purchase funds.

B2B Loan system for corporate purchase funds means a transaction between a purchasing enterprise and a selling enterprise in which a purchasing enterprise enters the details of an order by accessing the website of the brokerage company entrusted with the electronic commerce contract business by a financial institution, and upon the request of the buyer by the selling company, after attaching an electronic tax invoice issued by the selling enterprise, the request for an estimate from the selling enterprise is made, after confirmation by the selling enterprise, the submission of a written estimate and a written request for the collection of sale proceeds, and then the financial institution transfers funds

C. D Co., Ltd.’s fraud damage and debt excess shall be subject to deception to E and supply steel products worth KRW 531,596,532 to E from November 3, 2015 to December 1, 2015, and shall not be paid for the goods.

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