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(영문) 수원지방법원안산지원 2019.09.25 2019가단59120
손해배상(기)
Text

1. The Defendants jointly share KRW 180,000,000 with respect to the Plaintiff and 5% per annum from June 13, 2013 to June 24, 2019.

Reasons

1. Basic facts

A. On March 22, 2011, the Plaintiff concluded a credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “C”) and the company on March 22, 201 with the coverage amounting to KRW 180 million (90%) and the guarantee period from March 22, 2011 to March 21, 2012 (the guarantee period thereafter is extended to March 20, 2014).

(hereinafter “instant credit guarantee agreement”). On the other hand, at the time of C, Defendant A, a representative director, jointly and severally guaranteed the obligation owed by C to the Plaintiff pursuant to the instant credit guarantee agreement.

B. C entered into a credit transaction agreement with D Bank on March 23, 2011, based on the credit guarantee agreement of this case issued by the Plaintiff to D Bank in accordance with the credit guarantee agreement of this case.

C. On March 18, 2013, C entered into an electronic commerce contract with the content that the Defendant B, who registered his/her business in the name of “E”, purchased an amount equivalent to KRW 200 million of name from the Defendant B.

The foregoing electronic commerce information was notified to the D Bank, a company purchasing financing institution of this case, and D Bank deposited KRW 200 million in the D Bank account designated by Defendant B (hereinafter “instant loan”). D on March 18, 2013, the D Bank deposited 200 million in the D Bank account with Defendant B’s corporate purchase financing loan.

However, Defendant B did not report the tax invoice on the transaction price of the above name transaction (hereinafter “instant tax invoice”) to the tax office, but did not actually perform the said transaction.

E. Defendant B re-transfered the instant loans to Defendant A’s bank account on the same day.

F. C as a credit guarantee accident occurred because it did not repay a loan including the instant loan, the Plaintiff subrogated to D Bank for KRW 303,577,929, including the guaranteed debt amount of KRW 180,000,000 out of the instant loan, on June 13, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 11, the purport of whole pleading

2. The fact of the recognition as above.

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