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(영문) 서울서부지방법원 2019.05.09 2018가합33565
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant A and B jointly KRW 164,652,00;

B. Defendant A and C jointly share 202,58,000 won and above.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act for the purpose of ensuring the debt of an enterprise with weak credit standing but with a good credit standing. 2) Defendant A is the representative director of the Company E (hereinafter “E”); Defendant B is a person who operates a personal business entity with a trade name called “Fro store”; Defendant C is a person who operates a personal business entity with a trade name called “Gro store”; Defendant C is a person who operates a personal business entity with a trade name called “Gro store; Defendant D is a person who was the representative director of H (hereinafter “H”) before the date of dissolution on December 1, 2014.

B. On July 15, 2008, the Plaintiff entered into an agreement on credit guarantee and corporate purchase fund loan 1) between E and E, Inc., E (hereinafter “I”).

(A) The credit guarantee agreement to the effect that, in the case of receiving a loan from a corporate purchase fund, the rate of guarantee shall be 80%, and each guarantee liability shall be borne on July 14, 2009 (hereinafter “the credit guarantee agreement of this case”).

and E enter into a credit guarantee agreement (guarantee number: J, hereinafter referred to as the “instant credit guarantee agreement”).

2) At the time of the conclusion of the instant credit guarantee agreement, E submitted the instant credit guarantee agreement to I and entered into a loan agreement with I for corporate purchase (hereinafter “instant loan agreement”).

C. Defendant B’s loan 1) The following [Attachment 1] The issue date of tax invoices and bills of exchange, and the issue amount of tax invoices and bills of exchange, respectively, shall be issued to E in accordance with the supply of goods (types) and the payer, Defendant B, and the place of payment (However, the following [Attachment 1] is not indicated in the place of payment.

The bill of exchange, the sum of which is the value of supply and value-added tax stated in the above tax invoice, shall each be the face value.

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