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(영문) 인천지방법원부천지원 2014.12.19 2014가합2746
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 104,264,541 as well as 5% per annum from July 29, 201 to July 27, 2014.

Reasons

1. Facts of recognition;

A. On October 29, 2008, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) on the following table (hereinafter “instant credit guarantee agreement”).

E on October 28, 2011, 200 F 42,500,000 on October 28, 201 based on the guarantee number (won) E 187,00,000.

Although Defendant B and C did not actually purchase goods from the non-party company, upon the request of G, the representative director of the non-party company, Defendant B and C issued each false tax invoice on the list below to the non-party company.

In addition, the above G registered its business with the name of “H” by lending its wife A, and issued each false tax invoice on the list below in the name of Defendant A.

(2) Defendant A (H) on October 5, 2010, 201, 200,000 P.C. (H) on October 15, 201, 201, 11,299,000 P.C. (10,000,000 P.C.) on October 1, 201, 200,000 P.C. (10,000,000 P.C. (I) on October 7, 2010, 200,000,000 P.C. on October 5, 2010, 201 and 134,000,000 V. (hereinafter “each of the instant tax invoices”).

C. The non-party company submitted each of the instant tax invoices to the Industrial Bank of Korea that concluded the loan agreement for corporate purchase funds with the non-party company, and applied for the loan for corporate purchase funds. Defendant B, C, and G submitted each of the said tax invoices to the above bank and requested the collection of sales proceeds.

The above bank believed that each of the tax invoices of this case was issued normally has implemented the loans for corporate purchase as listed below, and each of the following loans was paid to G in the name of Defendant B, C, and Defendant A respectively.

The sum of 100,000,000 October 6, 201, 200,000 on October 5, 201, 200,000 on a recipient’s temporary loan (the Defendant A’s name) G (H) on October 5, 2010.

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