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(영문) 수원지방법원 2014.06.19 2013가합21775
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. Defendant A is the representative director of Company C (hereinafter “C”) and Defendant B is the representative director of Company D (hereinafter “D”).

B. On December 12, 2002, the Plaintiff entered into a credit guarantee agreement with C as of December 11, 2003, with a view to securing the repayment of corporate purchase financing loans from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”), with the guarantee principal of KRW 42,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

C. A company that issued a bill of exchange and sold the goods to a company that supplied the goods upon receipt of the goods by C shall pay the amount equivalent to the face value of the bill of exchange to the company that sold the goods to the National Bank within the limit of the amount agreed upon with C to lend the goods to the company that sold the goods. A national bank recognized that C purchased the goods equivalent to KRW 186,00,000 from D on August 2, 2004, and carried out a corporate purchase financing loan to C by depositing the said purchase price into D’s account on August 30, 2004.

Since C was unable to repay corporate purchase fund loans, on October 4, 2005, the Plaintiff subrogated to the National Bank for KRW 158,100,000 in accordance with the guarantee ratio of 85% of the corporate purchase fund loans of this case.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 3, 4, 5, 6, and 7 (including branch numbers), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The main intent of the Plaintiff’s assertion D and C were to obtain a loan of KRW 186,00,000 by deceiving a national bank as if they were to supply goods without actually supplying goods, and the Defendants are the representative directors of the above companies, and Articles 389(3) and 201 of the Commercial Act and Articles 389(3) and 389(3) of the Commercial Act (Representative Director), 208(2), 209, 210 and 386 of the Commercial Act apply mutatis mutandis to the representative director.

Article 210 (Liability for Damages) of the Commercial Act shall apply to a member who represents the company.

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