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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 95,200,00 and 5% per annum from August 22, 2011 to June 10, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of ensuring the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise, and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded a contract for the loan of purchase with the Industrial Bank of Korea (hereinafter “Industrial Bank”) pursuant to the credit guarantee agreement with the Plaintiff. Defendant B is the representative at the time of the conclusion of the above contract with the Defendant Co., Ltd., and C (the co-defendant of this case was the person separately confirmed by the settlement recommendation decision in this case) is the person who is the operator of the Defendant Co., Ltd. and was the person who received the loan of the Defendant Co., Ltd. from the Defendant Co., Ltd. by claiming the purchase price of goods
B. C(D) issued a tax invoice with the amount of KRW 50 million as of February 1, 201 on the date of issuance, and the supply price of KRW 50 million on February 15, 201. On the same day, upon the request for collection of KRW 50 million from a bank related to the Defendant Company to the Defendant Company’s own account, immediately transferred the amount of KRW 50 million to the Defendant Company’s account, and immediately transferred the amount of KRW 50 million to the Defendant Company’s account. ② The Defendant Company supplied the goods to the Defendant Company by the same method; ② the supply price of the goods to the Defendant Company; the supply price of KRW 69 million on March 31, 201; on April 8, 2011, transferred the amount of KRW 90 million to the Defendant Company’s account to Nonparty 60 million on the same day; and immediately transferred the amount of KRW 90 million to Nonparty 1’s account.
However, the above 50 million won and 66 million won issued by C(D) in the future of the Defendant Company are the two tax invoices of the above 50 million won and the two tax invoices of the 666 million won are in the competent tax office from either the seller and the Defendant Company.