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(영문) 대전지방법원 2018.06.20 2016가합105989
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

Based on the facts, the plaintiff is a corporation established by the Credit Guarantee Fund Act for the purpose of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability to facilitate the financing of the enterprise, and by establishing a sound credit order through efficient management and operation of credit information, and the defendant A corporation (hereinafter referred to as the "defendant corporation") is engaged in an engineering work business, etc., and the defendant B is the representative director of the defendant corporation.

Defendant C is an operator of E who has traded goods with the Defendant Company, and Defendant D is an employee of the Defendant Company who has worked in F.

On April 25, 2003, the Plaintiff entered into a credit guarantee agreement and an enterprise purchase financing loan agreement with the Defendant Company on April 25, 2003 (hereinafter “the instant credit guarantee agreement”); and the Defendant Company entered into a credit guarantee agreement with the Defendant Company on April 28, 2003, with the Defendant Company on April 28, 2003 (hereinafter “instant company purchase financing agreement”), and borrowed KRW 850,000,000, based on the instant credit guarantee agreement.

From November 13, 2006 to April 26, 2007, Defendant C issued a bill of exchange or an electronic commerce receipt to a sales office, and received 432,983,500 won in total from the bank pursuant to an agreement for corporate purchase financing to provide a credit guarantee for the Plaintiff.

When the Defendant Company by subrogation was dealt with an accident on June 5, 2007, the Plaintiff subrogated 623,473,063 won to the Bank on October 30, 2007 in accordance with the Credit Guarantee Agreement, and the amount paid by the Plaintiff out of the amount stated in paragraph (b) above paid by the Defendant C from the Bank is KRW 354,292,189.

[Based on recognition] A: The absence of dispute against Defendant C (Article 208(3)2, and Article 150 of the Civil Procedure Act) is a fact that there is no dispute (Article 208(3)2, and Article 150 of the Civil Procedure Act): the absence of dispute, as well as the descriptions

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