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1. The Plaintiff:
A. Defendant A Co., Ltd. is from November 16, 2009 to KRW 850,000 and KRW 676,400,00 among them.
Reasons
1. Facts of recognition;
A. The status of the party is a juristic person established under the Credit Guarantee Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing, and by establishing a sound credit order through efficient management and operation of credit information.
Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a company that entered into a contract for a business loan with the D Bank and E Bank under the credit guarantee agreement with the Plaintiff and received the loan for purchase funds, and F Co., Ltd. (hereinafter “F”) and Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a transaction with Defendant A, and Defendant C is the representative director of Defendant B.
B. In order to reduce the use of bills in connection with the settlement of goods for commercial transactions between companies and expand cash settlement in accordance with the government’s policy for improvement of the bill system, where a purchasing enterprise purchases goods, etc. from a delivery enterprise, a financial institution guaranteed by the Korea Credit Guarantee Fund shall pay sales proceeds to a delivery enterprise on the basis of tax invoices and other transaction documents, and a purchasing enterprise is a loan system in which a financial institution that redeems them after a certain period of time is a financial institution that redeems them, and such loan is allowed only to a transaction of goods by an delivery enterprise (the so-called “B2B method”) within 30 days from the date of issuance of a tax invoice.
C. The Defendants’ defraudation of loans 1) Defendant A had F, a customer, issue a false tax invoice without actually supplying goods or services and received a loan of KRW 2,587,00,000 in total from the D Bank and E Bank (hereinafter “the act of acquiring loans 1”) as follows.
(A) F) F shall issue a tax invoice of KRW 712,00,000 on June 1, 2009 on the same day.