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(영문) 수원지방법원 2016.04.21 2015가단119716
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff guaranteed the Defendant A (hereinafter “Defendant A”)’s obligation on the loan of corporate purchase funds by means of a bill of exchange from the National Bank (hereinafter “National Bank”) Co., Ltd. (hereinafter “National Bank”).

B. On May 29, 2008, Defendant C Co., Ltd (hereinafter “Defendant C”) issued a tax invoice on the supply of the imported livestock products of KRW 91,780,000 to Defendant A. On June 3, 2008, the payer issued a bill of exchange with the amount of KRW 91,780,000 with the Defendant A and the amount of the bill of exchange at KRW 91,780,000, and requested the National Bank to collect the bill of exchange.

C. On June 4, 2008, the National Bank deposited KRW 91,780,000 (hereinafter “instant loan”) with Defendant A’s loan of KRW 91,780,00 for corporate purchase. The National Bank deposited KRW 91,780,000 to Defendant C.

Defendant C deposited all of the above money to Defendant C’s account on the same day.

On May 21, 2009, the Plaintiff paid a total of KRW 380,653,473, including the instant loan obligations on May 21, 2009 by subrogation to the National Bank.

[Reasons for Recognition] Uncontentious Facts, Gap 1-4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Defendant A, the representative director of Defendant B and Defendant C, the representative director of Defendant C, of the alleged contents of the assertion, conspireds to apply for a loan of purchase funds to the National Bank as if there was no actual transaction, and Defendant D made a false tax invoice by pretending that the goods were supplied.

Defendant D received 91,780,000 won for goods not actually supplied by submitting a false tax invoice and bill of exchange to a national bank.

In light of the fact that Defendant D transferred the said money to Defendant A’s account at the request of Defendant B immediately upon receipt of the said money, it can be found that there was no commodity transaction between Defendant A and Defendant C.

As such, Defendant B and Defendant D are national banks.

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